Method and compositions for increasing the anaerobic working capacity in tissues

A method for increasing the synthesis and accumulation of beta-alanylhistidine dipeptides, with a simultaneous increase in the accumulation of creatine, in bodily tissues of humans and animals is described. This is accomplished by causing an increase in the blood plasma concentrations of beta-alanine and creatine, or the blood plasma concentrations of beta-alanine, L-histidine and creatine, by the ingestion or infusion of a composition including beta-alanine, beta-alanine and creatine, or beta-alanine, L-histidine and creatine, or active derivatives thereof.

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Description

This application is a continuation (and claims the benefit of priority under 35 USC 120) of U.S. patent application Ser. No. (USSN) 09/318,530, filed May 25, 1999, which issued as U.S. Pat. No. : 6,172,098 B1, on Jan. 9, 2001, which is a divisional of U.S. Ser. No. 08/909,513, filed Aug. 12, 1997, which issued as U.S. Pat. No. 5,965,596 on Oct. 12, 1999. These applications are explicitly incorporated herein by reference in their entirety and for all purposes.

BACKGROUND OF THE INVENTION

The invention relates to methods and compositions for increasing the anaerobic working capacity of muscle and other tissues.

Natural food supplements are typically designed to compensate for reduced levels of nutrients in the modern human and animal diet. In particular, useful supplements increase the function of tissues when consumed. It can be particularly important to supplement the diets of particular classes of animals whose the normal diet may be deficient in nutrients available only from meat and animal produce (e.g., human vegetarians and other animals consume an herbivorous diet).

For example, in the sporting and athletic community, natural food supplements which specifically improve athletic ability are increasingly important, such as supplements that promote or enhance physical prowess for leisure or employment purposes. In another example, anaerobic (e.g., lactate-producing) stress can cause the onset of fatigue and discomfort that can be experienced with aging. Anaerobic stress can also result from prolonged submaximal isometric exercise when the local circulation is partially or totally occluded by the increase in intra-muscular pressure (e.g., during rock climbing, free diving, or synchronized swimming). Excessive lactate production can result in the acidification of the intracellular environment.

Creatine (i.e., N-(aminoiminomethyl)-N-glycine, N-amidinosarcosine, N-methyl-N-guanylglycine, or methylglycocyamine) is found in large amounts in skeletal muscle and other “excitable” tissues (e.g., smooth muscle, cardiac muscle, or spermatozoa) characterized by a capacity for a high and variable energy demand. Creatine is converted into phosphorylcreatine in energy-generating biochemical pathways within cells. In mammalian skeletal muscle, the typical combined content of creatine (i.e., creatine and phosphorylcreatine) may vary from less than 25 to about 50 mmol per kilogram fresh muscle (i.e., 3.2 to 6.5 grams per kilogram fresh muscle).

Creatine formed is formed in the liver and taken up into tissues, such as muscle, by means of an active transport system. Creatine synthesis in the body may also be augmented by the ingestion of creatine present in meat (e.g., 5-10 milligrams per kilogram body weight per day in the average meat-eating human and approximately zero in a vegetarian diet).

During sustained intensive exercise, or exercise sustained under conditions of local hypoxia, the accumulation of hydronium ions formed during glycolysis and the accumulation of lactate (anaerobic metabolism) can severely reduce the intracellular pH. The reduced pH can compromise the function of the creatine-phosphorylcreatine system. The decline in intracellular pH can affect other functions within the cells, such as the function of the contractile proteins in muscle fibers.

Dipeptides of beta-alanine and histidine, and their methylated analogues, include carnosine (beta-alanyl-L-histidine), anserine (beta-alanyl-L-1-methylhistidine), or balenine (beta-alanyl-L-3-methylhistidine). The dipeptides are present in the muscles of humans and other vertebrates. Carnosine is found in appreciable amounts in muscle of, for example, humans and equines. Anserine and carnosine are found in muscle of, for example, canines, camelids and numerous avian species. Anserine is the predominant beta-alanylhistidine dipeptide in many fish. Balenine is the predominant beta-alanylhistidine dipeptide in some species of aquatic mammals and reptiles. In humans, equines, and camelids, the highest concentrations of the beta-alanylhistidine dipeptides are found in fast-contracting glycolytic muscle fibers (type IIA and IIB) which are used extensively during intense exercise. Lower concentrations are found in oxidative slow-contracting muscle fibers (type I). See, e.g., Dunnett, M. & Harris, R. C. Equine Vet. J., Suppl. 18, 214-217 (1995). It has been estimated that carnosine contributes to hydronium ion buffering capacity in different muscle fiber types; up to 50% of the total in equine type II fibers.

SUMMARY OF THE INVENTION

In general, the invention features methods and compositions for increasing the anaerobic working capacity of muscle and other tissues. The method includes simultaneous accumulation of creatine and beta-alanylhistidine dipeptides, or beta-alanine and L-histidine analogues, within a tissue in the body. The methods include ingesting or infusing compositions into the body. The compositions are mixtures of compounds capable of increasing the availability and uptake of creatine and of precursors for the synthesis and accumulation of beta-alanylhistidine dipeptides, in human and animal muscle. The composition induces the synthesis and accumulation of beta-alanylhistidine dipeptides in a human or animal body when introduced into the body.

The compositions include mixtures of creatine and beta-alanine, creatine, beta-alanine and L-histidine, or creatine and active derivatives of beta-alanine or L-histidine. Each of the beta-alanine or L-histidine can be the individual amino acids, or components of dipeptides, oligopeptides, or polypeptides. The beta-alanine or L-histidine can be active derivatives. An active derivative is a compound derived from, or a precursor of, the substance that performs in the same or similar way in the body as the substance, or which is processed into the substance and placed into the body. Examples include, for example, esters and amides.

In one aspect, the invention features a method of regulating hydronium ion concentrations in a tissue. The method includes the steps of providing an amount of beta-alanine to blood or blood plasma effective to increase beta-alanylhistidine dipeptide synthesis in a tissue, and exposing the tissue to the blood or blood plasma, whereby the concentration of beta-alanylhistidine is increased in the tissue. The method can include the step of providing an amount of L-histidine to the blood or blood plasma effective to increase beta-alanylhistidine dipeptide synthesis.

In another aspect, the invention features a method of increasing the anaerobic working capacity of a tissue. The method includes the steps of providing an amount of beta-alanine to blood or blood plasma effective to increase beta-alanylhistidine dipeptide synthesis in a tissue, providing an amount of L-histidine to the blood or blood plasma effective to increase beta-alanylhistidine dipeptide synthesis in a tissue, and exposing the tissue to the blood or blood plasma. The concentration of beta-alanylhistidine is increased in the tissue.

In embodiments, the methods can include the step of increasing a concentration of creatine in the tissue. The increasing step can include providing an amount of creatine to the blood or blood plasma effective to increase the concentration of creatine in the tissue (e.g., by providing the amount of creatine to the blood or blood plasma).

The providing steps of the methods can include ingestion or infusion (e.g., injection) of a composition including the amount of beta-alanine, or the amounts of beta-alanine and L-histidine, or a combination of ingestion and infusion.

The methods can include increasing a concentration of insulin in the blood or blood plasma. The concentration of insulin can be increased, for example, by injection of insulin.

The tissue can be a skeletal muscle.

In another aspect, the invention features a composition consisting essentially of a peptide source including beta-alanine, between about 39 and about 99 percent by weight of a carbohydrate, and up to about 60 percent by weight of water. The composition includes between about 1 and about 20 percent by weight of the beta-alanine. The peptide source can include L-histidine. The composition can include between about 1 and about 20 percent by weight of L-histidine.

The carbohydrate can be a simple carbohydrate (e.g., glucose). In another aspect, the invention features a composition consisting essentially of a peptide source including beta-alanine, between about 1 and about 98 percent by weight of a creatine source, and up to about 97 percent by weight of water. The composition includes between about 1 and about 98 percent by weight of the beta-alanine. The peptide source can include L-histidine and the composition includes between about 1 and about 98 percent by weight of L-histidine.

The peptide source can be a mixture of amino acids, dipeptides, oligopeptides, polypeptides, or active derivatives thereof.

The composition can be a dietary supplement. The creatine source can be creatine monohydrate.

The concentrations of components in blood or blood plasma can be increased by infusion (i.e., injection) or ingestion of an agent operable to cause an increase in the blood plasma concentration. The composition can be ingested in doses of between about 10 grams and about 800 grams per day. The doses can be administered in one part or multiple parts each day.

An increase in the muscle content of creatine and beta-alanylhistidine dipeptides can increase the tolerance of the cells to the increase in hydronium ion production with anaerobic work, and to lead to an increase in the duration of the exercise before the onset of fatigue. The compositions and methods can contribute to correcting the loss of beta-alanine, L-histidine, or creatine due to degradation or leaching of these constituents during cooking or processing. The compositions and methods can also contribute to correcting the absence of these components from a vegetarian diet.

The methods and compositions can be used to increase beta-alanylhistidine dipeptide by, for example, sportsmen, athletes, body-builders, synchronized swimmers, soldiers, elderly people, horses in competition, working and racing dogs, and game birds, to avoid or delay the onset of muscular fatigue.

Other advantages and features of the invention will be apparent from the detailed description, and from the claims.

BRIEF DESCRIPTION OF THE DRAWING

FIG. 1 is a graph depicting changes in the concentrations of beta-alanine in blood plasma of five horses, before and at 2 hour intervals following the feeding of beta-alanine and L-histidine (100 milligrams per kilogram body weight and 12.5 milligrams per kilogram body weight, respectively, three times per day) over a period of 30 days.

FIG. 2 is a graph depicting changes in the concentrations of L-histidine in blood plasma of five horses, before and at 2 hour intervals following the feeding of beta-alanine and L-histidine (100 milligrams per kilogram body weight and 12.5 milligrams per kilogram body weight, respectively, three times per day) over a period of 30 days.

FIGS. 3a, 3b, 3c, 3d, 3e and 3f are graphs depicting the contrast in the changes in the concentrations of beta-alanine in blood plasma of six horses, before and at hourly intervals following the feeding of beta-alanine and L-histidine (100 milligrams per kilogram body weight and 12.5 milligrams per kilogram body weight, respectively, three times per day) on the first and last day of a 30 day period of dietary supplementation.

FIGS. 4a, 4b, 4c, 4d, 4e and 4f are graphs depicting the contrast in the changes in the concentrations of L-histidine in blood plasma of six horses, before and at hourly intervals following the feeding of beta-alanine and L-histidine (100 milligrams per kilogram body weight and 12.5 milligrams per kilogram body weight, respectively, three times per day) on the first and last day of a 30 day period of dietary supplementation.

FIG. 5 is a graph depicting the contrast in the changes in the mean concentrations of beta-alanine in equine blood plasma (n=6), before and at hourly intervals following the feeding of beta-alanine and L-histidine (100 milligrams per kilogram body weight and 12.5 milligrams per kilogram body weight, respectively, three times per day) on the first and last day of a 30 day period of dietary supplementation.

FIG. 6 is a graph depicting the contrast in the changes in the mean concentrations of L-histidine in equine blood plasma (n=6), before and at hourly intervals following the feeding of beta-alanine and L-histidine (100 milligrams per kilogram body weight and 12.5 milligrams per kilogram body weight, respectively, three times per day) on the first and last day of a 30 day period of dietary supplementation.

FIG. 7 is a graph depicting the correlation between the increase in 6 thoroughbred horses in the carnosine concentration in type II skeletal muscle fibers (the average of the sum of type IIA and IIB fibres) and the increase, between the 1st and 30th day of supplementation, in the area under the blood plasma beta-alanine concentration-time curve over the first 12 hours of the day (AUC(0-12 hr)).

FIG. 8 is graph depicting the mean results of the administration of beta-alanine, broth, or carnosine to test subjects.

FIG. 9 is a graph depicting mean changes in plasma beta-alanine over nine hours of treatment.

FIG. 10 is a graph depicting the mean changes in plasma beta-alanine over 9 hours following the oral ingestion of 10 milligrams per kilogram body weight of beta-alanine.

FIG. 11 is a graph depicting the mean (n=6) plasma beta-alanine concentration over the 24 hour of Day 1 and Day 30 of the treatment period.

DESCRIPTION OF THE PREFERRED EMBODIMENTS

Beta-alanylhistidine dipeptides such as carnosine, anserine, and balenine have pKa values between approximately 6.8 and 7.1 and are involved in the regulation of intracellular pH homeostasis during muscle contraction and the development of fatigue. The content of other substances involved in hydronium ion buffering, such as amino acid residues in proteins, inorganic and organic phosphates and bicarbonate, is constrained by their involvement in other cell functions. The beta-alanylhistidine dipeptides can provide an effective way of accumulating pH-sensitive histidine residues into a cell. Variations in the muscle beta-alanylhistidine dipeptide concentrations affect the anaerobic work capacity of individual athletes.

The beta-alanylhistidine dipeptides are synthesized within the body from beta-alanine and L-histidine. These precursors can be generated within the body or are made available via the diet, including from the breakdown of an ingested beta-alanylhistidine dipeptide. Beta-alanine within the body is transported to tissues such as muscle. In a typical fed state, the concentration of beta-alanine is low in comparison with the concentration of L-histidine in human and equine blood plasma. These concentrations should be viewed in relation to the affinity of the carnosine synthesizing enzyme, carnosine synthetase, for its substrates as determined by the Michaelis-Menton constant (Km). The Km for histidine is about 16.8 μM. The Km for beta-alanine is between about 1000 and 2300 μM. The low affinity of carnosine synthetase for beta-alanine, and the low concentration of beta-alanine in muscle, demonstrate that the concentration of beta-alanine in muscle which is limiting to the synthesis of the beta-alanylhistidine dipeptides.

Increasing the amount of beta-alanylhistidine dipeptides within a muscle favorably affects muscular performance and the amount of work that can be performed by the muscle. Accordingly, the synthesis and accumulation of beta-alanylhistidine dipeptides is increased in a tissue in a human or animal body.

The synthesis and accumulation of beta-alanylhistidine dipeptides in a human or animal body can be increased with an increase in the content within the body of creatine, by increasing the blood or blood plasma concentrations of beta-alanine, increasing the blood or blood plasma concentrations beta-alanine and creatine, or increasing the blood or blood plasma concentrations beta-alanine, L-histidine, and creatine. The increase in dipeptide can be simultaneous with the increase in beta-alanine concentration.

The blood plasma concentrations of beta-alanine, L-histidine and creatine can be increased by ingestion or infusion of beta-alanine, L-histidine, and creatine, or active derivatives thereof. The composition can be administered orally, enterally, or parenterally. The beta-alanine and creatine, or beta-alanine, L-histidine and creatine, are preferably orally ingested.

The composition can include carbohydrates (e.g., simple carbohydrates), insulin, or agents that stimulate the production of insulin.

The composition can be ingested as a dietary supplement. Preferably, the composition can be administered in one or more doses per day. The beta-alanine dosage can be between about 5 milligrams and about 200 milligrams per kilogram body weight. The creatine (e.g., creatine monohydrate) dosage can be between about 5 milligrams to 200 milligrams per kilogram body weight. The L-histidine dosage can be between about 1 milligrams to 100 milligrams per kilogram body weight. The simple carbohydrate (e.g., glucose) dosage can be between about 0.5 and 2.0 grams per kilogram body weight.

In an 80 kilogram person, suitable dosages per day can be between 0.4 grams to 16.0 grams of beta-alanine, 0.4 grams to 16.0 grams of creatine monohydrate, 0.08 grams to 8.0 grams of L-histidine, or 40 grams to 160 grams of glucose or other simple carbohydrate. The composition can be in solid form or liquid form or the form of a suspension which is ingested, or in liquid form or suspension for infusion into the body. The composition is ingested in humans in an amount of between 2 grams and 1000 grams per day (e.g., between 10 grams and 800 grams), which may be taken in one or more parts throughout the day. In animals the daily intake will be adjusted for body weight.

For humans and animals, the compositions can be:

    • (a)
    • 1% to 99% by weight of beta-alanine;
    • 1% to 99% by weight of creatine monohydrate; and
    • 0% to 98% by weight of water;
    • (b)
    • 1% to 98% by weight of beta-alanine;
    • 1% to 98% by weight of L-histidine;
    • 1% to 98% by weight of creatine monohydrate; and
    • 0% to 97% by weight of water;
    • (c)
    • 1% to 20% by weight of beta-alanine;
    • 39% to 99% by weight of glucose or other simple carbohydrate; and
    • 0% to 60% by weight of water; or
    • (d)
    • 1% to 20% by weight of beta-alanine;
    • 1% to 20% by weight of L-histidine
    • 39% to 99% by weight of glucose or other simple carbohydrate; and
    • 0% to 60% by weight of water.

The following are specific examples of the methods of methods and compositions for increasing the anaerobic working capacity of muscle and other tissues.

EXAMPLE 1

The effect of supplementation of a normal diet with multiple daily doses of beta-alanine and L-histidine on the carnosine concentration in type I, IIA, and IIB skeletal muscle fibers of thoroughbred horses was assessed. Six experimental thoroughbred horses of normal health (three fillies and three geldings), aged 4 to 9 years, underwent one month (30 days) of dietary conditioning (pre-supplementation period) prior to the commencement of the supplementation period. During the dietary conditioning period each horse was fed a diet comprising 1 kilogram of pelleted feed (Spillers racehorse cubes) and 1 kilogram of soaked sugar beet pulp as a source of complex and simple carbohydrates, three times per day (at 08:30, 12:30, and 16:30, respectively). Soaked hay (3 kilograms dry weight) was also provided twice daily (at 09:00 and 17:00). Water was provided ad libitum.

During the supplementation period an identical feeding regime was implemented. However, each hard feed meal was supplemented with beta-alanine and L-histidine (free base). Beta-alanine and L-histidine were mixed directly into the normal feed. Individual doses of beta-alanine and L-histidine were calculated according to body weight. Beta-alanine was administered at 100 milligrams per kilogram body weight and L-histidine at 12.5 milligrams per kilogram body weight. Dietary supplementation was begun on day 1 of the protocol and discontinued at the end of day 30. Heparinized blood samples (5 milliliters) were collected on days 1, 6, 18, 24, and 30. On day 1 and day 30, blood samples were collected prior to the first feed and at hourly intervals for a total of 12 hours each day. On the three intervening sampling days, blood was collected prior to the first feed and 2 hours after each subsequent feed. On the day before the start of supplementation (day 0) a muscle biopsy was taken, following application of local anaesthesia of the skin, from the right middle gluteal muscle (m. gluteus medius) of each horse using a Bergstrom-Stille percutaneous biopsy needle. Subsequent muscle biopsies were collected immediately after the end of the supplementation period (day 31) as close as possible to the original sampling site. Clinical monitoring of the horses was performed daily. This comprised a visual examination and measurement of body weight, twice-daily measurement of rectal temperature, and weekly blood sampling for clinical biochemistry and hematology. During the course of the study the horses received no formal training or exercise, although they were allowed one hour of free exercise each day.

Fragments of individual muscle fibers dissected from freeze-dried muscle biopsies were characterized as either type I, IIA or IIB by histochemical staining for myosin ATPase activity at pH 9.6 following pre-incubation at pH 4.50 by a modification of the method described in, Kaiser and Brook, Arch. Neurol., 23:369-379 (1970).

Heparinized blood plasma samples were extracted and analyzed for beta-alanine and L-histidine concentrations by high-performance liquid chromatography (HPLC). Individual weighed muscle fibers were extracted and analyzed for carnosine by HPLC according to the method described in, Dunnett and Harris, “High-performance liquid chromatographic determination of imidazole dipeptides, histidine, 1-methylhistidine and 3-methylhistidine in muscle and individual muscle fibers,” J. Chromatogr. B. Biomed. Appl., 688:47-55 (1997).

Differences in carnosine concentrations within fiber types before and after supplementation were established within horses using one-way analysis of variance (ANOVA). In instances where differences were detected, significance was determined using a multiple comparison test (Fisher's PLSD).

No palatability problems were encountered with the addition of beta-alanine and L-histidine to the feed. No adverse physiological or behavioral effects of the supplemented diet were observed in any of the horses during the thirty days of supplementation. No significant changes in body weight were recorded, and rectal temperatures remained within the normal range. No acute or chronic changes in clinical biochemistry or hematology were observed. Beta-alanine was not detected in the plasma of any of the horses prior to the start of supplementation. The lower limit of quantitation for beta-alanine in plasma by the assay used was 3 micromolar (μM). Plasma L-histidine concentrations in the six horses prior to the start of supplementation were between 36.6 and 54.4 μM.

Individual changes in blood plasma beta-alanine and L-histidine concentrations for five of the six horses over on all the sampling days are shown in FIGS. 1 and 2, respectively. There was a trend towards an increase in the pre-feeding concentrations of blood plasma beta-alanine and L-histidine with increasing time of supplementation. Furthermore, over the thirty day supplementation period, the blood plasma concentration response to supplementation was also increased. The response was greater for beta-alanine.

Comparisons of the changes in blood plasma beta-alanine and L-histidine concentrations prior to the first feed of the day, and hourly thereafter between the first and last days of the supplementation period, for the six individual horses, are shown in FIGS. 3a and 3b, and FIGS. 4a and 4b, respectively. The mean (±SD) changes (n=6) in blood plasma beta-alanine concentration over time during the 24 hours of the first (day 1) and last (day 30) days of the supplementation period are contrasted in FIG. 5. The area under the mean blood plasma beta-alanine concentration versus time curve over 24 hours (AUC(0-24 hr)) was much greater on day 30 of the supplementation.

The mean (±SD) changes (n=6) in blood plasma L-histidine concentration over time during the 24 hours of the first (day 1) and last (day 30) days of the supplementation period are contrasted in FIG. 6. The area under the mean blood plasma beta-alanine concentration vs. time curve over 24 hours (AUC(0-24 hr)) was greater on day 30 of the supplementation. The greater AUC for blood plasma beta-alanine on the last day of supplementation (day 30) in contrast to the first day of supplementation (day 1) suggests the increased uptake of beta-alanine from the equine gastrointestinal tract with progressive supplementation. A similar effect was observed for changes in blood plasma L-histidine concentration during the supplementation period. Peak blood plasma concentrations of beta-alanine and L-histidine occurred approximately one to two hours post-feeding in each case.

A total of 397 individual skeletal muscle fibers (192 pre-supplementation; 205 post-supplementation) from the six horses were dissected and analyzed for carnosine. Mean (±SD) carnosine concentration, expressed as millimoles per kilogram dry weight (mmol kg−1 dw), in pre- and post-supplementation type I, IIA, and IIB skeletal muscle fibers from the six individual horses are given in Table 1 where n is the number of individual muscle fibers analyzed. Following thirty days of beta-alanine and L-histidine supplementation the mean carnosine concentration was increased in type IIA and IIB fibers in all six horses. These increases were statistically significant in seven instances. The increase in mean carnosine concentration in type IIB skeletal muscle fibers was statistically significant in five out of six horses. The increase in mean carnosine concentration in type IIA skeletal muscle fibers was statistically significant in two out of six horses.

TABLE 1 Horse Day Type 1 n Type IIA n Type IIB n 6 0 32.3 3 72.1 11 111.8 14 31 (14.5) (47.7) 17 (22.8) 12 16.2 117.7 (20.9) (38.7) 5 0 59.5 2 102.6 12 131.2 26 31 (3.9) 1 (12.7) 18 (26.6) 22 55.5 112.2 153.3 (17.1) (28.0)** 4 0 44.8 4 59.9 13 108.6 19 31 (6.6) 2 (19.5) 17 (41.5) 19 37.0 88.0 152.4 (9.3) (34.2)* (65.0)* 1 0 56.7 2 88.5 15 101.3 13 31 (5.3) 1 (20.9) 19 (15.2) 11 57.8 96.1 14.3 (17.3) (13.3)* 2 0 89.6 13 104.2 14 31 65.9 4 (16.2) 18 (22.2) 12 (13.2) 102.2 142.0 (22.1) (35.4)*** 3 0 30.9 2 85.1 6 113.5 23 31 (4.0) (20.3) 23 (20.4) 9 105.0 135.4 (17.6)* (24.9)* Mean 0 44.8 13 83.0 70 111.8 109 31 54.1 8 96.6* 112 135.9** 85 *significantly different to pre-supplementation, p < 0.05 **significantly different to pre-supplementation, p < 0.01 ***significantly different to pre-supplementation, p < 0.005

The absolute (e.g. mmol kg−1 dw) and percentage increases in the mean carnosine concentrations in type IIA and IIB skeletal muscle fibers from the six horses are listed in Table 2.

TABLE 2 Type IIIA Type IIA % Type IIB Type IIB Horse Absolute increase increase Absolute increase % increase 6 4.1 5.7 5.6 5.3 5 9.6 9.4 22.1 16.8 4 28.1 46.9 43.8 40.3 1 7.6 8.6 13.0 12.8 2 12.6 14.1 37.8 36.3 3 19.9 23.4 21.9 19.3 Mean 13.6 18.0 24.1 21.8

It was observed that the individual horses which showed the greater increase in muscle carnosine concentration following thirty days of supplementation also demonstrated the greater increase in blood plasma beta-alanine AUC between day 1 and day 30 of the supplementation period. Referring to FIG. 7, a significant correlation (r=0.986, p<0.005) for five of the six horses was observed between the increase in mean carnosine concentration, averaged between type IIA and IIB skeletal muscle fibers and the increase, between the 1st and 30th day of supplementation, in blood plasma beta-alanine AUC, over the first 12 hours (AUC(0-12 hr)). Only five horses were used to calculate the regression line. Horse 6 (filled circle) showed no appreciable increase in blood plasma beta-alanine concentration greater than that observed on day 1 until the last day of supplementation. This was unlike the other five horses which showed a progressive increase with each sampling day. For this reason horse 6 was excluded from the calculation of the regression equation.

Increases in muscle carnosine concentration following thirty days of supplementation with beta-alanine and L-histidine will cause a direct increase in total muscle buffering capacity. This increase can be calculated by using the Henderson-Hasselbach Equation. Calculated values for the increases in muscle buffering capacity in type IIA and IIB skeletal muscle fibers in the six thoroughbred horses are shown in Table 3.

TABLE 3 Type Type Type IIA Type Type Type IIB IIA IIA Δβm-total IIB IIB Δβm-total Horse Day βmcar βmtotal (%) βmcar βmtotal (%) 6 0 23.9 93.9 37.1 107.1 31 25.3 95.3 +1.5 39.0 109.0 +1.8 5 0 34.0 104.0 43.5 113.5 31 37.2 107.2 +3.1 50.8 120.8 +6.4 4 0 19.9 89.9 36.0 106.0 31 29.2 99.2 +10.3 50.5 120.5 +13.7 1 0 29.3 99.3 33.6 103.6 31 31.9 101.9 +2.6 37.9 107.9 +4.2 2 0 29.7 99.7 34.5 104.5 +12.1 31 33.9 103.9 +4.2 47.1 117.1 3 0 28.2 98.2 37.6 107.6 31 34.8 104.8 +6.7 44.9 114.9 +6.8 Mean 0 27.5 97.5 37.1 107.1 31 32.1 102.1 +4.7 45.0 115.0 +7.5

EXAMPLE 2

The effect of supplementation of a normal diet with multiple daily doses of beta-alanine and L-histidine on the carnosine content of type I, IIA, and IIB skeletal muscle fibers of humans was assessed. The plasma concentration of beta-alanine in six normal subjects following the consumption of a broth delivering approximately 40 milligrams per kilogram body weight of beta-alanine was monitored. Doses of 10 and 20 milligrams per kilogram body weight of beta-alanine were also given.

The broth was prepared as follows. Fresh chicken breast (skinned and boned) was finely chopped and boiled for fifteen minutes with water (1 liter for every 1.5 kg of chicken). Residual chicken meat was removed by course filtration. The filtrate was flavored by the addition of carrot, onion, celery, salt, pepper, basil, parsley and tomato puree, and reboiled for a further fifteen minutes and then cooled before final filtration though fine muslin at 4° C. The yield from 1.5 kilograms of chicken and one liter of water was 870 mL of broth. A portion of the stock was assayed for the total beta-alanyl-dipeptide content (e.g., carnosine and anserine) and beta-alanine. Typical analyses were:

total beta-alanyl-dipeptides 74.5 mM free beta-alanine 5.7 mM

The six male test subjects were of normal health and between 25-53 years of age, as shown in Table 4. The study commenced after an overnight fast (e.g., a minimum of 12 hours after the ingestion of the last meat containing meal). Subjects were given the option to consume a small quantity of warm water prior to the start of the study. Catheterization was begun at 08:30 and the study started at 09:00.

As a control, 8 milliliters per kilogram body weight of water was ingested (e.g., 600 mL in a subject weighing 75 kilograms).

In one session, 8 milliliters per kilogram body weight of broth containing approximately 40 milligrams per kilogram body weight of beta-alanine (e.g., in the form of anserine and carnosine) was ingested. For a subject weighing 75 kilograms this amounted to the ingestion of 600 milliliters of broth containing 3 grams of beta-alanine. In another session, 3 milliliters per kilogram body weight of a liquid containing the test amount of beta-alanine with an additional 5 milliliters per kilogram body weight of water was ingested. In all sessions, subjects additionally consumed a further 8 milliliters per kilogram body weight of water (in 50 mL portions) during the period of 1 to 2 h after ingestion. A vegetarian pizza was provided after 6 hours. An ordinary diet was followed after 8 hours.

2.5 milliliter venous blood samples were drawn through an indwelling catheter at 10 minute intervals for the first 90 minutes and then after 120, 180, 240 and 360 minutes. The blood samples were dispensed into tubes containing lithium-heparin as anti-coagulant. The catheter was maintained by flushing with saline. Plasma samples were analyzed by HPLC according to the method described in Jones & Gilligan (1983) J. Chromatogr. 266:471-482 (1983).

Table 4 summarizes the allocation of treatments during the beta-alanine absorption study. The estimated equivalent doses of beta-alanine are presented in Table 3.

TABLE 4 Broth β-ala β-ala β-ala β-ala 40 0 10 20 40 Carnosine Age Weight mg/kg mg/kg mg/kg mg/kg mg/kg 20 mg/kg Subject yrs kg bwt bwt bwt bwt bwt bwt 1 53 76 2 33 60 3 29 105 4 31 81 5 30 94 6 25 65

Plasma concentration curves following each treatment are depicted graphically in FIG. 8. Mean results of the administration of beta-alanine, broth, or carnosine according to the treatments schedule in Table 4. Plasma beta-alanine was below the limit of detection in all subjects on the control treatment. Neither carnosine or anserine were detected in plasma following ingestion of the chicken broth or any of the other treatments. Ingestion of the broth resulted in a peak concentration in plasma of 427.9 (SD 161.8) μM. Administration of carnosine equivalent to 20 milligrams per kilogram body weight of beta-alanine in one test subject resulted in an equivalent increase in the plasma beta-alanine concentration.

Administration of all treatments except control resulted in an increase in the plasma taurine concentration. The changes in taurine concentration mirrored closely those of beta-alanine. Administration of broth, a natural food, caused the an equivalent increase in plasma taurine, indicating that such a response is occurring normally following the ingestion of most meals.

EXAMPLE 3

The effect of administration of three doses of 10 milligrams per kilogram body weight of beta-alanine per day (i.e., administered in the morning, noon, and at night) for seven days on the plasma concentration profiles of beta-alanine and taurine were investigated. The plasma concentration profiles following administration of 10 milligrams per kilogram body weight of beta-alanine were studied in three subjects at the start and end of a seven day period during which they were given three doses of the beta-alanine per day.

Three male subjects of normal health, aged between 33-53 years were studied. Test subjects received three doses per day of 10 milligrams per kilogram body weight of beta-alanine for eight days. In two subjects, this was followed by a further 7 days (days 9-15) when three doses of 20 milligrams per kilogram body weight per day were given. Subjects reported at 8 am to the blood collection laboratory on days 1 (prior to any treatment given), 8 and 15 following an overnight fast. Subjects were asked not to consume any meat containing meal during the 12 hours preceeding the study. On each of these three test days subjects were catheterized and an initial blood sample taken when the beta-alanine was administered at or close to 9 am, 12 noon, and 3 pm. Blood samples were drawn after 30, 60, 120 and 180 minutes, and analyzed for changes in the plasma concentration of beta-alanine and taurine. 24 hour urine samples were collected over each day of the study and analyzed by HPLC to determine the excretion of beta-alanine and taurine. The treatments are summarized in Table 5.

TABLE 5 Treatment Day Day 1 Day 8 Day 15 beta-alanine 10 mg/kg bwt 10 mg/kg bwt 20 mg/kg bwt 1 2 3

The plasma beta-alanine concentrations are summarized in FIG. 9. Each dose resulted in a peak beta-alanine concentration at one-half hour or one hour after ingestion followed by a decline to a 0-10 micromolar basal level at three hours, just prior to administration of the next dose. The response on day 8 of the treatment tended to be less than on day 1 as indicated by the area under the plasma concentration curve.

EXAMPLE 4

The effect of administration of three doses of 40 milligrams per kilogram body weight of beta-alanine per day (i.e., administered in the morning, noon, and at night) for 2 weeks on the carnosine content of muscle, and isometric endurance at 66% of maximal voluntary contraction force.

Six normal male subjects, aged 25 to 32 years, that did not have evidence of metabolic or muscle disease were recruited into the study. The subjects were questioned regarding their recent dietary and supplementary habits. None of subjects was currently taking supplements containing creatine, or had done so in recent testing supplementation procedures. The physical characteristics of the test subjects are summarized in Table 6.

TABLE 6 Subject Age (years) Weight (kg) 1 29 78 2 31 94 3 29 105 4 25 65 5 31 81 6 25 75 7 53 76

Two days before treatment, a preliminary determination of maximal voluntary (isometric) contraction force (MVC) of knee extensors with the subject in the sitting position was carried out. MVC was determined using a Macflex system with subjects motivated by an instantaneous visual display of the force output. For each subject, two trials were carried out to determine endurance at 66% MVC sustained until the target force could no longer be maintained despite vocal encouragement. This first contraction was subsequently followed by a rest period of 60 seconds, with the subject remaining in the isometric chair. After the rest period, a second contraction was sustained to fatigue. Following a second rest of 60 seconds, a third contraction to fatigue was undertaken.

One day before treatment, the subjects reported to the isometric test laboratory between 8 and 10 am. MVC was determined and endurance at 66% MVC over three contractions with 60 second rest intervals, as described above, was determined. Measurements were determined using the subject's dominant leg. A biopsy of the lateral portion of the vastus lateralis was taken again from the dominant leg.

On day 1 of the treatment study, subjects reported to the blood sampling laboratory at 8 am following an overnight fast and a minimum of 12 hours since the last meat containing meal. Following catheterization and a basal blood sample, each subject followed the supplementation and blood sampling protocol described in Example 3. A dose of 10 milligrams per kilogram body weight of beta-alanine was administered at time 0 (9 am), 3 hours, and 6 hours.

On days 2-15, subjects continued to take three doses of 10 milligrams per kilogram body weight of beta-alanine.

In the morning of day 14, post-treatment isometric exercise tests were conducted on the dominant leg to determine MVC and endurance at 66% MVC relative to the 66% MVC measured on the day prior to treatment. In the afternoon, a muscle biopsy was taken of the vastus lateralis from close to the site of the biopsy taken on the day before treatment.

On day 15, the procedures followed on day 1 were repeated to determine any overall shift in the plasma concentration profile of beta-alanine and taurine over the 15 days of supplementation. Mean changes in plasma beta-alanine over 9 hours following the oral ingestion of 10 milligrams per kilogram body weight of beta-alanine at 0, 3 and 6 hours on days 1 and 15 when dosing at 3×10 milligrams per kilogram body weight per day are shown in FIG. 10.

One additional test subject (number 7) followed the study, taking three doses 10 milligrams per kilogram body weight for 7 days followed by three doses of 20 milligrams per kilogram body weight for 7 days. No muscle biopsies were taken from this test subject.

There was no apparent change in the muscle carnosine content in the muscle of the six subjects biopsied. Changes in plasma taurine concentrations in the six subjects mirrored those of beta-alanine, as noted in Example 2.

Values from the MVC and endurance at 66% MVC measurements one day before treatment and after 14 days after treatment with three doses of 10 milligrams per kilogram body weight of beta-alanine are listed in Table 7. The mean endurance time at 66% MVC increased in 5 of the 6 subjects. An increase was also seen in subject 7 taking the higher dose.

TABLE 7 Total time @ time @ time @ Con- MVC MVC 66% MVC 66% MVC 66% MVC traction 1st try 2nd try 1st 2nd 3rd Time Subject N N seconds seconds seconds seconds Pre 1 784.5 821.9 48.53 29.03 23.78 100.83 2 814.4 886.2 48.40 26.03 16.90 91.33 3 984.9 970.4 38.15 26.03 16.78 80.95 4 714.6 740.4 89.03 56.15 45.65 190.83 5 1204.8 1217.2 37.65 27.64 21.53 86.83 6 722.4 716.8 46.78 29.40 21.90 98.08 Pre 870.9 892.1 51.4 32.4 24.3 108.1 mean Pre SD 190.6 184.6 19.1 11.7 10.8 41.2 Post 1 895.6 908.0 47.08 30.38 24.03 101.48 2 832.2 908.0 46.65 31.28 18.40 96.33 3 973.7 952.2 42.65 25.03 16.03 83.70 4 814.1 863.9 114.40 64.28 48.53 227.20 5 1246.6 1233.0 42.03 22.78 19.40 84.20 6 760.8 773.3 52.28 31.53 25.95 109.73 Post 920.5 939.7 57.5 34.2 25.4 117.1 mean Post SD 175.7 156.0 28.1 15.2 11.9 54.9 Subject 7 Pre 858.18 861.54 54.0 Post 792.54 851.41 62.0

Other embodiments are within the claims.

Claims

1. A composition comprising a mixture of a creatine and a composition comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine.

2. The composition of claim 1, further comprising an L-histidine.

3. The composition of claim 1, wherein the beta-alanine further comprises a dipeptide, an oligopeptide, or a polypeptide.

4. The composition of claim 1, wherein the creatine is a creatine monohydrate.

5. A dietary supplement comprising a mixture of a creatine and a composition comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine.

6. The dietary supplement of claim 5 in a unit dosage form.

7. The dietary supplement of claim 6, wherein one dose comprises up to 99% by weight of beta-alanine.

8. The dietary supplement of claim 6, wherein one dose comprises up to 98% by weight of L-histidine.

9. The dietary supplement of claim 5 in an injectable formulation.

10. A composition comprising a mixture of a carbohydrate and a composition comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine.

11. The composition of claim 10, further comprising an L-histidine.

12. The composition of claim 10, wherein the beta-alanine further comprises a dipeptide, an oligopeptide, or a polypeptide.

13. The composition of claim 10, wherein the carbohydrate is a simple carbohydrate.

14. The composition of claim 13, wherein the simple carbohydrate is a glucose.

15. The composition of claim 10, further comprising creatine.

16. The composition of claim 11, further comprising creatine.

17. A dietary supplement comprising a mixture of a carbohydrate and a composition comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine.

18. The dietary supplement of claim 17 in a unit dosage form.

19. The dietary supplement of claim 17, wherein one dose comprises up to 99% by weight of beta-alanine.

20. The dietary supplement of claim 17, wherein one dose comprises up to 99% by weight of a carbohydrate.

21. The dietary supplement of claim 17 in an injectable formulation.

22. A composition comprising a mixture of insulin and a composition comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine.

23. The composition of claim 22, further comprising an L-histidine.

24. The composition of claim 22, wherein the beta-alanine further comprises a dipeptide, an oligopeptide, or a polypeptide.

25. The composition of claim 22, further comprising creatine.

26. The composition of claim 22, further comprising creatine.

27. A dietary supplement comprising a mixture of insulin and a composition comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine.

28. The dietary supplement of claim 27 in a unit dosage form.

29. The dietary supplement of claim 28, wherein one dose comprises up to 99% by weight of beta-alanine.

30. The dietary supplement of claim 28, wherein one dose comprises up to 99% by weight of a carbohydrate.

31. The dietary supplement of claim 27 in an injectable formulation.

32. A human dietary supplement comprising beta-alanine and L-histidine.

33. A human dietary supplement comprising an amino acid or an active derivative thereof selected from the group consisting of a beta-alanine, an ester of a beta-alanine and an amide of a beta-alanine and L-histidine.

34. A human dietary supplement for increasing human muscle tissue strength comprising a mixture of creatine, a carbohydrate and free amino acid beta-alanine that is not part of a dipeptide, polypeptide or an oligopeptide, wherein the human dietary supplement does not contain a free amino acid L-histidine, wherein the free amino acid beta-alanine is in an amount that is from 0.4 g to 16.0 g per daily dose, wherein the amount increases the muscle tissue strength in the human, and wherein the human dietary supplement is formulated for one or more doses per day for at least 14 days.

35. A human dietary supplement for increasing human muscle tissue strength comprising a mixture of creatine monohydrate, a carbohydrate and free amino acid beta-alanine that is not part of a dipeptide, polypeptide or an oligopeptide, wherein the human dietary supplement does not contain a free amino acid L-histidine, wherein the free amino acid beta-alanine is in an amount that is from 0.4 g to 16.0 g per daily dose, wherein the amount increases the muscle tissue strength in the human, and wherein the human dietary supplement is formulated for one or more doses per day for at least 14 days.

Referenced Cited
U.S. Patent Documents
2334163 November 1943 Kirk
2336067 December 1943 Carlson
2364538 December 1944 Kirk et al.
2416630 February 1947 Kirk
2734081 February 1956 Boatright
3934036 January 20, 1976 Irikura
3966988 June 29, 1976 Wilson et al.
4120852 October 17, 1978 Bauer et al.
RE30370 August 12, 1980 Pittet et al.
4761399 August 2, 1988 Pilotto et al.
4883861 November 28, 1989 Grill et al.
5561110 October 1, 1996 Michaelis et al.
5612375 March 18, 1997 Sueoka
5767159 June 16, 1998 Hultman et al.
5869068 February 9, 1999 De Lacharriere et al.
5965596 October 12, 1999 Harris et al.
5966457 October 12, 1999 Lemelson
5968544 October 19, 1999 Howard et al.
5976559 November 2, 1999 De Lacharriere et al.
6071888 June 6, 2000 Rihova et al.
6172098 January 9, 2001 Harris et al.
6274161 August 14, 2001 Howard et al.
6426361 July 30, 2002 Harris et al.
6524611 February 25, 2003 Howard et al.
6680294 January 20, 2004 Harris et al.
6855727 February 15, 2005 Matahira et al.
6903136 June 7, 2005 Miller et al.
7150880 December 19, 2006 Howard et al.
7504376 March 17, 2009 Harris et al.
7825084 November 2, 2010 Harris et al.
8067381 November 29, 2011 Harris et al.
8129422 March 6, 2012 Harris et al.
8470865 June 25, 2013 Harris et al.
8993610 March 31, 2015 Harris et al.
20040229773 November 18, 2004 Harris et al.
20090005293 January 1, 2009 Harris et al.
20090220575 September 3, 2009 Harris et al.
Foreign Patent Documents
3424781 January 1985 DE
3424781 January 1985 DE
0280593 August 1988 EP
0 449 787 October 1991 EP
0449787 October 1991 EP
1210940 June 2002 EP
2658013 August 1991 FR
54 159393 December 1917 JP
S 54-159393 December 1979 JP
61204120 September 1986 JP
6442425 March 1989 JP
03 095125 April 1991 JP
H 03095125 April 1991 JP
04 095026 March 1992 JP
H 04095026 March 1992 JP
04 112825 April 1992 JP
H 04112825 April 1992 JP
06 024976 February 1994 JP
H 06024976 February 1994 JP
H 7-236460 September 1995 JP
7509230 October 1995 JP
H 8224073 September 1996 JP
2002-51730 February 2002 JP
WO-90/06102 June 1990 WO
WO 90/06102 June 1990 WO
WO-93/04690 March 1993 WO
WO-98/06278 February 1998 WO
WO-2004/091497 October 2004 WO
Other references
  • Fryburg et al., Insulin and Insulin-like Growth Factor-I Enhance Human Skeletal Muscle Protein Anabolism during Hyperaminoacidemia by Different Mechanisms, J Clin. Invest. 96: 1722-1729, 1995.
  • Ziv et al. ,Oral Administration of Insulin in Solid Form to Nondiabetic and Diabetic Dogs, J. Pharmaceutical Sciences, 83(6): 792-794, 1994.
  • Balsom et al., Creatine supplementation and dynamic hihg-intensity intermittent exercise, Scand J Med Sci Sports, 3:143-149, 1993.
  • Medline Plus http://www.nlm.nih.gov/medlineplus/ency/article/002469.htm[Nov. 5, 2014 11:56:17 AM].
  • Webster's Medical Desk Dictionary (1993) pp. 193, 418 and 536.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 08/909,513, dated Aug. 31, 1998, 4 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 08/909,513, dated Apr. 30, 1999, 4 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 09/318,530, dated Jul. 20, 2000, 2 pages.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 10/209,169, dated Mar. 13, 2003.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 10/209,169, dated Sep. 3, 2003.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 10/209,169, dated Oct. 9, 2003.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 10/717,217, dated Oct. 30, 2008, 5 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 10/717,217, dated Oct. 2, 2008, 6 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 10/717,217, dated May 30, 2008. 7 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 10/717,217, dated Apr. 25, 2008, 4 pages.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 10/717,217, dated Sep. 21, 2007, 9 pages.
  • In the U.S. Patent and Trademark Office, Requirement for Restriction/Election in re: U.S. Appl. No. 10/717,217, dated Jan. 5, 2007, 8 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 12/231,240, dated May 25, 2010, 4 pages.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 12/231,240, dated Oct. 19, 2010, 5 pages.
  • In the U.S. Patent and Trademark Office, Report on the filing or determination of an action regarding a patent in re: U.S. Appl. No. 12/806,356, dated Jun. 19, 2012, 11 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 12/806,356, dated Oct. 21, 2011, 7 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 12/806,356, dated Jul. 11, 2011, 1 page.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 12/806,356, dated May 12, 2011, 5 pages.
  • In the U.S. Patent and Trademark Office, First Preliminary Amendment in re: U.S. Appl. No. 13/215,073, dated Aug. 22, 2011, 6 pages.
  • In the U.S. Patent and Trademark Office, Information Disclosure Statement in re: U.S. Appl. No. 13/215,073, dated Aug. 22, 2011, 12 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 13/215,073, dated Oct. 17, 2011, 7 pages.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 13/356,182, dated Aug. 3, 2012, 5 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 13/356,182, dated Feb. 22, 2013, 5 pages.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 13/900,244, dated Jul. 24, 2013, 7 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Dismissed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Dec. 31, 2013, 8 pages.
  • In the U.S. Patent and Trademark Office, Right of Appeal Notice in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Dec. 6, 2013, 38 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Dismissed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Nov. 15, 2013, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Nov. 1, 2013, 8 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Petition in a Reexam in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Oct. 15, 2013, 4 pages.
  • In the U.S. Patent and Trademark Office, Notice of concurrent proceedings/decisions in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Aug. 23, 2013, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Dismissed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jul. 10, 2013, 4 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 4, 2013, 13 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Petition in a Reexam in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 21, 2013, 6 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Dec. 28, 2012, 19 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Petition in a Reexam in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Dec. 14, 2012, 10 pages.
  • In the U.S. Patent and Trademark Office, Response after Non-Final Action—owner timely in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Dec. 12, 2012, 33 pages.
  • In the U.S. Patent and Trademark Office, Third Party Requester Comments after Non-Final Action in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Nov. 28, 2012, 49 pages.
  • In the U.S. Patent and Trademark Office, Notification of Defective Paper in a Reexam in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Nov. 13, 2012, 4 pages.
  • In the U.S. Patent and Trademark Office, Response after Non-Final Office Action—owner timely in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Oct. 29, 2012, 33 pages.
  • In the U.S. Patent and Trademark Office, Reexam Extension of Time Period for Response Granted in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Oct. 26, 2012, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam Request for Extension of Time in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Oct. 25, 2012, 5 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Granted—in—part in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Sep. 19, 2012, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam Request for Extension of Time in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Sep. 17, 2012, 7 pages.
  • In the U.S. Patent and Trademark Office, Order Granting Request for Inter Partes Reexamination in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jul. 26, 2012, 19 pages.
  • In the U.S. Patent and Trademark Office, Reexam Non-Final Office Action in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jul. 26, 2012, 19 pages.
  • In the U.S. Patent and Trademark Office, Reexam Litigation Search Conducted in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jun. 7, 2012, 33 pages.
  • In the U.S. Patent and Trademark Office, Reexam Miscellaneous Incoming Letter by third party requester in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jun. 7, 2012, 33 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Original Inter Partes Reexam Request in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 31, 2012, 40 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Reexam Office Action in re: Reexam Application No. 95/002,001, dated Jul. 26, 2012, 19 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Determination—Reexam Ordered in re: Reexam Application No. 95/002,001, dated Jul. 26, 2012, 19 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Patent Owner response to Non-Final Action in re: Reexam Application No. 95/002,001, dated Dec. 12, 2012, 33 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Third Party Requester Comments after Non-Final Action in re: Reexam Application No. 95/002,001, dated Nov. 28, 2012, 49 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Patent Owner response to Non-Final Action in re: Reexam Application No. 95/002,001, dated Oct. 29, 2012, 33 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Reexam Petition Decision—Dismissed in re: Reexam Application No. 95/002,048, dated Dec. 31, 2013, 8 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Third Party Requester Comments after Action Closing Prosecution in re: Reexam Application No. 95/002,048, dated Nov. 25, 2013, 25 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Oct. 30, 2013, 19 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Oct. 30, 2013, 20 pages.
  • In the U.S. Patent and Trademark Office, Notice of concurrent proceedings/decisions in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Oct. 30, 2013, 4 pages.
  • In the U.S. Patent and Trademark Office, Patent Owner Comments after Action Closing Prosecution in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Oct. 30, 2013, 40 pages.
  • In the U.S. Patent and Trademark Office, Action Closing Prosecution (nonfinal) in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Sep. 30, 2013, 62 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,067,381, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Sep. 27, 2013, 21 pages.
  • In the U.S. Patent and Trademark Office, Action Closing Prosecution (nonfinal) in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Sep. 19, 2013, 61 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Dismissed in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Jun. 4, 2013, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in resopnse to petition in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Apr. 4, 2013, 13 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Petition in a Reexam in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Mar. 21, 2013, 6 pages.
  • In the U.S. Patent and Trademark Office, Reexam Peition Decision—Dismissed in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Mar. 13, 2013, 6 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in resopnse to petition in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Mar. 7, 2013, 19 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Petition in a Reexam in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Feb. 21, 2013, 12 pages.
  • In the U.S. Patent and Trademark Office, Third Party Requester Comments after Non-Final Office Action in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Jan. 16, 2013, 48 pages.
  • In the U.S. Patent and Trademark Office, Response after Non-Final Office Action—owner timely in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Dec. 17, 2012, 36 pages.
  • In the U.S. Patent and Trademark Office, Reexam Non-Final Office Action in re: U.S. Appl. No. 95/002,048 (Re-Examinatin of U.S. Pat. No. 8,129,422), dated Oct. 16, 2012, 28 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Petition in a Reexam in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Sep. 25, 2012, 9 pages.
  • In the U.S. Patent and Trademark Office, Determination—Reexam Ordered in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Aug. 17, 2012, 22 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Non-Final Office Action in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Aug. 17, 2012, 24 pages.
  • In the U.S. Patent and Trademark Office, Reexam Litigation Search Conducted in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Aug. 13, 2012, 18 pages.
  • In the U.S. Patent and Trademark Office, Reexam Litigation Search Conducted in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Jul. 25, 2012, 43 pages.
  • In the U.S. Patent and Trademark Office, Receipt of Original Inter Partes Reexam Request in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated Jul. 19, 2012, 40 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination for U.S. Pat. No. 8,129,422, Reexam Office Action in re: Reexam Application No. 95/002,048, dated Oct. 16, 2012, 28 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination for U.S. Pat. No. 8,129,422, Determination—Reexam Ordered in re: Reexam Application No. 95/002,048, dated Aug. 17, 2012, 22 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination for U.S. Pat. No. 8,129,422, Reexam Office Action in re: Reexam Application No. 95/002,048, dated Aug. 17, 2012, 24 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination for U.S. Pat. No. 8,129,422, Third Party Requester Comments after Non-Final Action in re: Reexam Application No. 95/002,048, dated Jan. 16, 2013, 48 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination for U.S. Pat. No. 8,129,422, Patent Owner response to Non-Final Action in re: Reexam Application No. 95/002,048, dated Dec. 17, 2012,36 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination for U.S. Pat. No. 8,129,422, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Dec. 17, 2012, 21 pages.
  • DNP International Co. Inc. v. Natural Alternatives International Inc. et al, filed Dec. 22, 2011, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-01283-GMS; Amended Complaint against Compound Solutions Inc., Natural Alternatives International Inc.—filed by DNP International Co. Inc . . . (Attachments: # I Exhibits A through C, # 2 Exhibit D, # I Patent/Trademark Report)(Russell, Andrew) (Entered: Jan. 27, 2012).
  • DNP International Co. Inc. v. Natural Alternatives International Inc. et al, filed Dec. 22, 2011, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-01283-GMS; Answer to 17 Answer to Amended Complaint, Counterclaim Plaintiff DNP International Co., Inc.'s Answer to Natural Alternatives International, Inc.'s Counterclaim and Affirmative Defenses by DNP International Co. Inc. (Keller, Karen) (Entered: Feb. 27, 2012).
  • DNP International Co. Inc. v. Natural Alternatives International Inc. et al, filed Dec. 22, 2011, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-01283-GMS; Answer to Amended Complaint Answer to 11 Amended Complaint with Jury Demand, Counterclaim against DNP International Co. Inc. By Natural Alternatives International Inc . . . (Attachments: # 1 Exhibit 1-6)(Moore, David) (Entered: Feb. 6, 2012).
  • DNP International Co. Inc. v. Natural Alternatives International Inc. et al, filed Dec. 22, 2011, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-01283-GMS; Complaint for Declaratory Judgment filed with Jury Demand against Compound Solutions Inc., Natural Alternatives International Inc.—Magistrate Consent Notice to Pltf. ( Filing fee $350, receipt No. 0311-997358.)—filed by DNP International Co. Inc . . . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(dzs,) (Entered: Dec. 23, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Claim Construction Answering Brief re 76 Claim Construction Opening Brief Defendants' Answering Claim Construction Brief filed by DNP International Co Inc., Vital Pharmaceuticals Inc . . . (Attachments: # I Certificate of Service)(DiGiovanni, Francis) (Entered: Apr. 12, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Claim Construction Answering Brief re 77 Claim Construction Opening Brief Plaintiffs' Answering Brief in Support of Claim Construction filed by Mark Dunnett, Roger Harris, Kenneth Johannsson, Natural Alternatives International Inc . . . (Moore, David) Modified on Apr. 13, 2011 (mmm). (Entered: Apr. 12, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Claim Construction Chart by DNP International Co Inc., Natural Alternatives International Inc., Vital Pharmaceuticals Inc . . . (DiGiovanni, Francis) (Entered: Mar. 10, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Claim Construction Opening Brief filed by Compound Solutions, Inc., Mark Dunnett, Roger Harris, Kenneth Johannsson, Natural Alternatives International Inc . . . (Moore, David) (Entered: Mar. 25, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Claim Construction Opening Brief filed by DNP International Co Inc., Vital Pharmaceuticals Inc . . . (DiGiovanni, Francis) (Entered: Mar. 25, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Declaration re 77 Claim Construction Opening Brief of Keith A. Walter by DNP International Co Inc., Vital Pharmaceuticals Inc . . . (Attachments: # I Exhibit A, # 2 Exhibit B, # 3 Exhibit C. # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9. Exhibit I, # 10 Certificate of Service)(DiGiovanni, Francis) (Entered: Mar. 25, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Declaration re 77 Claim Construction Opening Brief of Malcolm Watford, D.Phil. By DNP International Co Inc., Vital Pharmaceuticals Inc . . . (Attachments: # I Exhibit A, # 2 Certificate of Service )(DiGiovanni, Francis) (Entered: Mar. 25, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Declaration re 91 Claim Construction Answering Brief, Declaration of William John Mckeague by Mark Dunnett, Roger Harris, Kenneth Johannsson, Natural Alternatives International Inc . . . (Attachments:# 1 Exhibit A-E)(Moore, David) (Entered: Apr. 12, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Joint Appendix re 91 Claim Construction Answering Brief, Joint Appendix of Intrinsic Evidence by Mark Dunnett, Roger Harris, Kenneth Johannsson, Natural Alternatives International Inc . . . (Attachments: # 1 Exhibit 1-12)(Moore, David) (Entered: Apr. 12, 2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Official Transcript of Markman Hearing held on May 12, 2011 before Judge Sleet. Court Reporter/Transcriber Maurer. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due Jun. 12, 2011. Redacted Transcript Deadline set for Jun. 17, 2011. Release of Transcript Restriction set for Aug. 15, 2011. (kjm) (Entered: 05117/2011).
  • Natural Alternatives International Inc. v. Vital Pharmaceuticals Inc. et al, filed Aug. 20, 2009, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:09-cv-00626-GMS; Second Declaration re 94 Claim Construction Answering Brief, Second Declaration of Keith A. Walter by Vital Pharmaceuticals Inc . . . (Attachments: #I Exhibit J-0, # 2 Certificate of Service)(DiGiovanni, Francis) (Entered: 04112/2011).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al, filed Jun. 14, 2013, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:13-cv-01742; Complaint against Natural Alternatives International, Inc. (Filing fee $ 400 receipt No. 0541-11572506) filed by Natural Alternatives International, Inc . . . (Attachments:# I Exhibit 1, # 2 Exhibit 2)(0paril, Richard) (Entered: Jun. 14, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al, filed Jun. 14, 2013, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:13-cv-01742; Motion for Preliminary Injunction by Natural Alternatives International, Inc., filed. Motion Docket Date Jul. 5, 2013. (Attachments:# 1 Memorandum in Support, # 2 Declaration of Kenneth Wolf, # 3 Declaration of Matthew Titlow, # 4 Exhibit 3, # 5 Exhibit 4, # 6. Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, #I6 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Proposed Order)(Oparil, Richard) (Entered: Jun. 14, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al, filed May 3, 2012, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:12-cv-01388; Complaint against Woodbolt Distribution, LLC (Filing fee$ 350 receipt No. 0541-9685733) filed by Natural Alternatives International, Inc . . . (Attachments: # I Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11,# 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Civil Cover Sheet, # 21 Summons)(Oparil, Richard) (Entered: May 3, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al, filed May 3, 2012, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:12-cv-01388; Motion for Preliminary Injunction by Natural Alternatives International, Inc., filed. Motion Docket Date Jun. 7, 2012. (Attachments:# I Memorandum in Support, # 2 Affidavit Kenneth Wolf, # 3 Affidavit Richard Oparil, # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22, # 7 Exhibit 23, # 8 Exhibit 24, # 9 Exhibit 25, # 10 Exhibit 26, # 11 Exhibit 27, # 12 Exhibit 28, # 13 Exhibit 29, # 14 Exhibit 30, # 15 Exhibit 31, # 16 Exhibit 32, # 17 Exhibit 33, # 18 Proposed Order)(Oparil, Richard) (Entered: May 17, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al, filed May 3, 2012, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:12-cv-01388; Response in Opposition to 14 Motion for Preliminary Injunction, filed by Woodbolt Distribution, LLC. (Attachments:# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Proposed Order)(Partridge, Jayme) (Entered: Jun. 7, 2012).
  • Woodbolt Distribution LLC v. Natural Alternatives International Inc. et al, filed Dec. 21, 2011, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-01266-GMS; Complaint for Declaratory Judgment of Patent Non-Infringement and Invalidity filed with Jury Demand against Compound Solutions Inc., Natural Alternatives International Inc.—Magistrate Consent Notice to Pltf. ( Filing fee $350, receipt No. 311-995916.)—filed by Woodbolt Distribution LLC. (Attachments:# I Exhibit 1,# 2 Civil Cover Sheet)(dmp, ) (Entered: Dec. 21, 2011).
  • Woodbolt Distribution LLC v. Natural Alternatives International Inc. et al, filed Dec. 21, 2011, U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-01266-GMS; First Amended Complaint For Declaratory Judgment of Patent Non-Infringement, Invalidity and Unenforceability, And For Violation of Antitrust Laws and Unfair Competition against Natural Alternatives International Inc.—filed by Woodbolt Distribution LLC. (Attachments:# I Exhibit 1- 2) (Rawnsley, Jason) (Entered: Feb. 17, 2012).
  • Woodbolt Distribution LLC v. Natural Alternatives International Inc. et al, filed Jun. 24, 2013, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:13-cv-01834; Complaint against Natural Alternatives International, Inc. (Filing fee $400 receipt No. 0541-11614849) filed by Woodbolt Distribution, LLC.(Partridge, Jayme) (Entered: Jun. 24, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Complaint against All Defendants (Filing fee $ 350 receipt No. 0541-9035111) filed by Natural Alternatives International, Inc . . . (Attachments: # 1 Exhibit 1—US Patent)(Oparil, Richard) (Entered: Dec. 21, 2011).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Preliminary Injunction by Natural Alternatives International, Inc., filed. Motion Docket Date Jan. 31, 2012. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Kenneth Wolf, # 3 Declaration of Lacy Kolo, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Proposed Order)(Oparil, Richard) (Entered: Jan. 10, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Declaration of Kenneth Wolf re: 10 Motion for Preliminary Injunction, filed.(Oparil, Richard) (Entered: Jan. 10, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply in Support of NAI's Motion for a Preliminary Injunction (C.A. No. 12-1388 Dkt. No. 14), filed by Natural Alternatives International, Inc . . . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Oparil, Richard) (Entered: Jul. 18, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Answer to 1 Complaint with Jury Demand, Counterclaim against Natural Alternatives International, Inc. By Woodbolt Distribution, LLC, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Partridge, Jayme) (Entered: Jul. 27, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Defendant Woodbolt's Answer to Plaintiff's Complaint in Member Case 12cv1388 by Woodbolt Distribution, LLC, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Partridge, Jayme) (Entered: Jul. 27, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Stipulation re: as to Accused Products by Woodbolt Distribution, LLC, filed. (Attachments: # 1 Exhibit 1)(Partridge, Jayme) (Entered: Jul. 27, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Summary Judgment of Patent Invalidity of Plaintiffs U.S. Pat. Nos. 8,067,381 and 8,129,422 by Woodbolt Distribution, LLC, filed. Motion Docket Date Aug. 24, 2012. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5 Pt 1, # 7 Exhibit 5 Pt 2, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15)(Partridge, Jayme) (Entered: Aug. 3, 2012) (pp. 1-358 of 699 pages total).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Summary Judgment of Patent Invalidity of Plaintiffs U.S. Pat. Nos. 8,067,381 and 8,129,422 by Woodbolt Distribution, LLC, filed. Motion Docket Date Aug. 24, 2012. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5 Pt 1, # 7 Exhibit 5 Pt 2, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15)(Partridge, Jayme) (Entered: Aug. 3, 2012) (pp. 359-699 of 699 pages total).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Transcript re: Conference held on Jul. 23, 2012 before Judge Lynn N. Hughes. Court Reporter/Transcriber K. Metzger. Release of Transcript Restriction set for Nov. 5, 2012, filed. (kmetzger) (Entered: Aug. 6, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Answer to 50 Answer to Complaint, Counterclaim with Jury Demand by Natural Alternatives International, Inc., filed.(Oparil, Richard) (Entered: Aug. 9, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Response in Opposition to 53 Motion for Summary Judgment of Patent Invalidity of Plaintiffs U.S. Pat. Nos. 8,067,381 and 8,129,422, filed by Natural Alternatives International, Inc.. (Oparil, Richard) (Entered: Aug. 17, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Cross Motion for Summary Judgment by Natural Alternatives International, Inc., filed. Motion Docket Date Sep. 7, 2012. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Oparil, Richard) (Entered: Aug. 17, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Notice of filing of Exhibits 1-25 re: 62 Response in Opposition to Motion by Natural Alternatives International, Inc., filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Oparil, Richard) (Entered: Aug. 18, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply to Response to 63 Cross Motion for Summary Judgment, filed by Woodbolt Distribution, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Evans, Barry) (Entered: Aug. 24, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply in Support of 63 Cross Motion for Summary Judgment, filed by Natural Alternatives International, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Affidavit of Richard J. Oparil)(Oparil, Richard) (Entered: Aug. 27, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Supplement to 63 Cross Motion for Summary Judgment, 53 Motion for Summary Judgment of Patent Invalidity of Plaintiffs U.S. Pat. Nos. 8,067,381 and 8,129,422 by Natural Alternatives International, Inc., filed.(Oparil, Richard) (Entered: Sep. 6, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Transcript re: Conference held on Aug. 28, 2012 before Judge Lynn N. Hughes. Court Reporter/Transcriber Cher Barron. Release of Transcript Restriction set for Dec. 10, 2012., filed. (cbarron, ) (Entered: Sep. 10, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Leave to File surreply in response to plaintiff NAI Inc.s reply in support of summary judgment of infringement and patents not invalid, Motion to Strike Plaintiff's reply (D.I. 67) ( Motion Docket Date Oct. 1, 2012.) by Woodbolt Distribution, LLC, filed. (Evans, Barry) (Entered: Sep. 10, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Leave to File Surreply in Response to Plaintiffs Reply in Support of Summary Judgment of Infringement and Patents Not Invalid, Motion to Strike Plaintiff's reply (D.I. 67) ( Motion Docket Date Oct. 1, 2012.) by Woodbolt Distribution, LLC, filed. (Attachments: # 1 Exhibit Proposed Surreply)(Evans, Barry) (Entered: Sep. 10, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Response to 72 Supplement NAI's Notice of Supplemental Authority, filed by Woodbolt Distribution, LLC. (Evans, Barry) (Entered: Sep. 27, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply to Response to 63 Cross Motion for Summary Judgment, filed by Woodbolt Distribution, LLC. (Evans, Barry) (Entered: Sep. 27, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Leave to File Supplemental Complaint and Summary Judgment Motion on Defendant Woodbolt's New COR-Performance -BCAA and COR-Performance Creatine Products by Natural Alternatives International, Inc., filed. Motion Docket Date Nov. 5, 2012. (Attachments: # 1 Exhibit A—Proposed Supplemental Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit B—Proposed Summary Judgment Motion, # 16 Exhibit C, # 17 Affidavit, # 18 Proposed Order)(Oparil, Richard) (Entered: Oct. 15, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Response to 81 Motion for Leave to File Supplemental Complaint and Summary Judgment Motion on Defendant Woodbolt's New COR-Performance -BCAA and COR-Performance Creatine Products filed by Woodbolt Distribution, LLC. (Evans, Barry) (Entered: Oct. 16, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Supplement by Natural Alternatives International, Inc., filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Oparil, Richard) (Entered: Oct. 26, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Partial Summary Judgment of Patent Infringement by Woodbolt's Cellucor COR-Performance -BCAA and COR-Performance Creatine Products by Natural Alternatives International, Inc., filed. Motion Docket Date Nov. 16, 2012. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Oparil, Richard) (Entered: Oct. 26, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Supplemental Complaint with jury demand against Woodbolt Distribution, LLC filed by Natural Alternatives International, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (ghassan, ) (Entered: Nov. 14, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Supplemental Motion for Summary Judgment of Patent Infringement by Natural Alternatives International, Inc., filed. Motion Docket Date Nov. 30, 2012. (ghassan, ) (Entered: Nov. 14, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Answer to 89 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand, Counterclaim against Natural Alternatives International, Inc. By Woodbolt Distribution, LLC, filed.(Evans, Barry) (Entered: Nov. 30, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Response in Opposition to 90 Motion for Summary Judgment, filed by Woodbolt Distribution, LLC. (Attachments: # 1 Exhibit 1)(Evans, Barry) (Entered: Nov. 30, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply in Support of 90 Motion for Summary Judgment, filed by Natural Alternatives International, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Affidavit of Richard J Oparil)(Oparil, Richard) (Entered: Dec. 18, 2012).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Notice of Supplemental Authority by Natural Alternatives International, Inc., filed. (Oparil, Richard) (Entered: Jan. 23, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Notice of Supplemental Authority by Natural Alternatives International, Inc., filed. (Oparil, Richard) (Entered: Feb. 21, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Notice of Supplemental Authority by Natural Alternatives International, Inc., filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Oparil, Richard) (Entered: Feb. 22, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Management Order. By Mar. 8, 2013, Natural Alternatives must tell the court when it was known the function of dipeptides in muscles was to delay the onset of fatigue. By Mar. 8, 2013, Natural Alternatives must tell the court what Harris read that led him to begin his work with beta alanine. By Mar. 8, 2013, Natural Alternatives may brief the court on Woodbolt's priority argument. By Mar. 13, 2013, Woodbolt may respond. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan,) (Entered: Feb. 26, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Memorandum in Support of the Position that Patent Applications Can Have Multiple Effective Filing Dates and in Support of its Claim for Priority by Natural Alternatives International, Inc., filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Oparil, Richard) (Entered: Mar. 8, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Memorandum Statement Regarding the Inventor's Research and the Declaration of Roger C. Harris, Ph.D. By Natural Alternatives International, Inc., filed.(Oparil, Richard) (Entered: Mar. 8, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Memorandum in Opposition to NAI's Memorandum in Support of the Position that Patent Applications Can Have Multiple Effective Filing Dates and in Support of its Claim for Priority by Woodbolt Distribution, LLC, filed. (Attachments: # 1 Exhibit A)(Evans, Barry) (Entered: Mar. 13, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Memorandum in Opposition to NAI's Memorandum Statement Regarding the Inventor's Research and the Declaration of Roger C. Harris, Ph.D. By Woodbolt Distribution, LLC, filed. (Attachments: # 1 Exhibit a, # 2 Exhibit B)(Evans, Barry) (Entered: Mar. 13, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Transcript re: Hearing held on Feb. 22, 2013 before Judge Lynn N. Hughes. Court Reporter J. Sanchez. Release of Transcript Restriction set for Jun. 13, 2013., filed. (jsanchez, ) (Entered: Mar. 15, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Motion for Leave to File Reply To Woodbolts Misleading Statements To The Court Regarding Dr. Harris Declaration and Attempt To Change Its Argument To Create A Genuine Issue of Material Fact On Its Priority Argument by Natural Alternatives International, Inc., filed. Motion Docket Date Apr. 8, 2013. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Attachment a to Motion—Proposed Reply)(Oparil, Richard) (Entered: Mar. 18, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Response to 112 Motion for Leave to File Reply to Woodbolts Misleading Statements To The Court Regarding Dr. Harris Declaration and Attempt To Change Its Argument To Create A Genuine Issue Of Material Fact On Its Priority Argument filed by Woodbolt Distribution, LLC. (Evans, Barry) (Entered: Apr. 8, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Management Order. The motion for a preliminary injunction by Natural Alternatives is denied 10 . The joint motion to expedite briefing is denied 18 . Natural Alternative's motion to strike is denied 32. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan,).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply to 109 , 110 , filed by Natural Alternatives International, Inc. (ghassan, ) (Entered: Apr. 15, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Reply to 117 Reply to Plaintiff Natural Alternative International, inc.s Reply, filed by Woodbolt Distribution, LLC. (Evans, Barry) (Entered: Apr. 19, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Declaration of Roger Charles Harris, Ph.D., filed.(Oparil, Richard) (Entered: May 7, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Response to 119 Declaration of Roger Charles Harris, Ph.D., filed by Woodbolt Distribution, LLC. (Evans, Barry) (Entered: May 23, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Notice of Additional Supplemental Authority in Opposition re: 53 Motion for Summary Judgment of Patent Invalidity of Plaintiffs U.S. Pat. Nos. 8,067,381 and 8,129,422 by Natural Alternatives International, Inc., filed. (Attachments: # 1 Exhibit A)(Ballard, Glenn) (Entered: Jul. 8, 2013).
  • Declaration of Dr. Roger Charles Harris, submitted Mar. 8, 2013, 11 pp., in Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511.
  • Supplemental Declaration of Dr. Roger Charles Harris, submitted May 7, 2013, 11 pp., in Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511.
  • Declaration of Frank L Margolis, PhD., submitted Jul. 8, 2013, 5 pages, in Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511.
  • Declaration of Dr. Roger Charles Harris for U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), submitted Oct. 29, 2012, 14 pages.
  • Declaration of Dr. Craig Sale for U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), submitted Oct. 29, 2012, 6 pages.
  • Declaration of Dr. Roger Charles Harris for U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), submitted Dec. 17, 2012, 15 pages.
  • Declaration of Dr. Robert F. Zoeller for U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), submitted Dec. 17, 2012, 6 pages.
  • Margolis et al., “Carnosine Synthesis in Olfactory Tissue During Ontogeny: Effect of Exogenous β-Alanine,” Journal of Neurochemistry, 44(5): 1459-1464 (1985).
  • Margolis, “Neurotransmitter Biochemistry of the Mammalian Olfactory Bulb,” Biochemistry of Tast and Olfaction, 17: 369-394 (1981).
  • Natural Alternatives International Inc. et al. v. DNP International Co. Inc., U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-788-GMS; Defendant DNP International Co., Inc.'s Initial Invalidity Contentions under Paragraph 4(D) of the Court's “Default Standard for Discovery,” Jul. 10, 2013, 179 pages.
  • Natural Alternatives International Inc. et al. v. DNP International Co. Inc., U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-788-GMS; Defendant DNP International Co., Inc.'s Responses & Objections to Plaintiffs Natural Alternatives International, Inc.'s and Compound Solutions, Inc.'s First Set of Interrogatories, Jul. 1, 2013, 37 pages.
  • Natural Alternatives International Inc. et al. v. DNP International Co. Inc., U.S. District Court District of Delaware (Wilmington) Civil Docket for Case #: 1:11-cv-788-GMS; Defendant DNP International Co., Inc.'s Responses & Objections to Plaintiffs Natural Alternatives International, Inc.'s and Compound Solutions, Inc.'s First Set of Requests for the Production of Documents, Jul. 1, 2013, 47 pages.
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Docket Listing, 20 pages. (First entry dated Dec. 21, 2011).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; Woodbolt's Answer to Complaint for Infringement of U.S. Pat. Nos. 8,067,381 and 8,129,422 and Counterclaims. (Entered: Jul. 16, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; GNC Corporation's Answer to Complaint for Infringement of U.S. Pat. Nos. 8,067,381 and 8,129,422 and Counterclaims. (Entered: Jul. 16, 2013).
  • Natural Alternatives International, Inc. v. Woodbolt Distribution, LLC et al., filed Dec. 21, 2011, U.S. District Court Southern District of Texas (Houston) Civil Docket for Case #: 4:11-cv-04511; bodybuilding.com's Answer to Complaint for Infringement of U.S. Pat. Nos. 8,067,381 and 8,129,422 and Counterclaims. (Entered: Jul. 16, 2013).
  • Admin, Beta-Alanine Review, Musclesweb.net Blog, 2008 [online], [Retrieved from the internet Sep. 12, 2012], Retrieved from <URL:http://www.musclesweb.net/blog/beta-alanine-review/>. [5 pages].
  • Asatoor et al., “Intestinal absorption of carnosine and its constituent amino acids in man,” Gut, II: 250-254 (1970).
  • Babizhayev et al., “L-carnosine (beta-alanyl-L-histidine) and carcinine (beta-alanylhistamine) act as natural antioxidants with hydroxyl-radical-scavenging and lipid-peroxidase activities,” Biochem J. 304 (Pt 2):509-516 (1994).
  • Bakardjiev et al., “Transport of beta-alanine and biosynthesis of carnosine by skeletal muscle cells in primary culture,” Eur. J. Biochem. 225(2):617-623 (1994).
  • Balcombe et al., “The Beta-Alanine Revolution featuring-IntraXCell®, The Definitive Guide on How Beta-Alanine Can Delay Muscular Fatigue, Allowing You to Train Harder & Longer,” Athletic Edge Nutrition, 79 pages (2010).
  • Barger et al., “Carnosine, constitution and synthesis,” Biochem J 12:402-407 (1918).
  • Balcombe et al., “Beta-Alanine: science meets real world results,” 2006 [online], [Retrieved from the internet on May 16, 2012], Retrieved from <URL: http://www.beta-alanine.net/>. 4 pages.
  • Bauer et al. “Biosynthesis of carnosine and related peptides by skeletal muscle cells in primary culture,” Eur. J. Biochem, 219: 43-47 (1994).
  • Bergström, “Muscle electrolytes in man,” Scand. J. Clin. Invest. 14(Suppl. 68):1-110 (1962).
  • Beta-Alanine, information on Beta-Alanine, Carnosine and the CarnoSyn® product Frequently Asked Questions, 2007 [online] Retrieved from <URL: www.beta-alanine.com/Beta-alanine-faqs.asp> [Retrieved on Jan. 5, 2010] [6 pages].
  • Beta-Alanine. The Facts., Retrieved from: www.betaalanine.info/background-on-beta-alanine/ [Retrieved on Jan. 5, 2010] [2 pages].
  • Biolo et al., “Insulin action on protein metabolism,” Baillière's Clinical Endocrinology and Metabolism, 7(4), (1993).
  • Brooke et al., “Muscle fiber types: how many and what kind?,” Arch. Neruol. 23:369-379 (1970).
  • Burd et al., “Carnosine in primary afferents of the olfactory system: an autoradiographic and biochemical study,” J. Neurosci. 2:244-255 (1982).
  • Casey et al., “Creatine ingestion favorably affects performance and muscle metabolism during maximal exercise in humans,” Am. J. Physiol 271 (Endocrinol. Metab 34): E31-E37 (1996).
  • Certified English translation of Japanese patent of JP 2002 51730, published Feb. 19, 2002, entitled “Food Product for Sports”. [9 pages].
  • Certified English translation of JP 61-204120, published Sep. 10, 1986 entitled “Immunomodulatory Agent”. [7 pages].
  • Certified English translation of JP 64-042425, published Feb. 14, 1989, entitled “Remedy for Cachexia”. [6 pages].
  • Certified English Translation of Osaka Hospital Pharmacist Association, “Zentei lyakuhinyouran (the directory of pharmacrutical products),” Yakugyojihosya, the fifth impression, 576577 (1986).
  • Collegiate Sport Nutrition, CarnoSyn® —Carnosine Synthesizer [Brochure] (4 pages) (2007).
  • Crim et al., “Creatin Metabolism in Men: Creatine Pool Size and Turnover in Relation to Creatine Intake” J. Nutr. 106 (3):371-381 (1976).
  • Decision of Patent, issued Dec. 15, 2009, in connection with Japanese Patent Application No. 10-509546.
  • Declaration of Stephen G. Kunin with curriculum vitae for U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), submitted Aug. 23, 2013, 20 pages.
  • Defendant Vital Pharmaceutical's First Supplemental Response to Plaintiff's Interrogatory No. 12, served Apr. 19, 2011.
  • Definition of “Dietary Supplement,” [online], Retrieved from the Internet: <URL: [http://dictionary.reference.com/browse/dietary%20supplement]>, [Retrieved on Aug. 17, 2012] [1 page].
  • Definition of “Daily,” [online], [retrieved on Oct. 30, 2013]. Retrieved from the Internet: < URL: http://dictionary.reference.com/browse/daily?s=t>. 1 page.
  • Derave et al., “Beta-Alanine supplementation augments muscle carnosine content and attenuates fatigue during repeated isokinetic contraction bouts in trained sprinters,” J. Appl. Physiol. 103:17361743 (2007).
  • Derave et al., “Beta-alanine supplementation augments muscle carnosine content and attenuates fatigue in trained sprinters,” National Strength and Conditioning Association Annual Conference, Atlanta, Jul. 2007.
  • Derave et al., “Creatine supplementation augments skeletal muscle carnosine content in senescence-accelerated mice (SAMP8),” Rejuvenation Res. 11(3):641-647 (2008).
  • Di Pasquale, M., “Conditionally essential amino acids,” pp. 127-145 in Amino Acids and Proteins for the Athlete, CRC Press:Boca Raton (1997).
  • Dunnett et al., “Carnosine, anserine and taurine contents in individual fibres from the middle gluteal muscle of the camel,” Res. Vet. Sci., 62:213-216 (1997).
  • Dunnett et al., “Determination of carnosine and other biogenic imidazoles in equine plasma by isocratic reversed-phase ion-pair high-performance liquid chromatography,” J. Chromatogr. 579:45-53 (1992).
  • Dunnett et al., “High-performance liquid chromatographic determination of imidazole dipeptides, histidine, I-methylhistidine and 3-methylhistidine in muscle and individual muscle fibers,” J. Chromatogr. B. Biomed. Appl., 688:47-55 (1997).
  • Dunnett et al., “Influence of oral beta-alanine and L-histidine supplementation on the carnosine content of the gluteus medius,” Equine Vet. J. Suppl. 30:499-504 (1999).
  • Dunnett et al., “Plasma carnosine concentration: diurnal variation and effects of age, exercise and muscle damage,” Equine Vet. J. Suppl. 34:283-287 (2002).
  • Dunnett, “Carnosine Metabolism And Function In The Thoroughbred Horse,” Thesis submitted in Open University, 362 pp. (1995).
  • Dunnett, “High performance liquid-chromatographic determination of N-alpha-acetyl-L-carnosine in equine plasma,” J. Chromatogr. B. Biomed. Sci. Appl. 688:150-154 (1997).
  • Dunnett, “Carnosine Metabolism and Function in the Thoroughbred Horse,” Full Dissertation, See (Open University) vol. 57/04-C of dissertation abstracts 1143 (1995).
  • Examination Report, issued Apr. 28, 2009, in connection with Japanese Patent Application No. 10-509546.
  • Examination Report, issued Jul. 14, 2009, in connection with Japanese Patent Application No. 2006-509880.
  • Exhibit 1 to Harris Declaration, “Material Safety Data Sheet Beta-Alanine MSDS,” ScienceLab.com, 2005, pp. 1-5.
  • “Manual of Patent Examining Procedure §706.02,” Manual of Patent Examining Procedure, Aug. 2012: 9, 3 pages.
  • “Manual of Patent Examining Procedure §201.11,” Manual of Patent Examining Procedure, Aug. 2006: 5, 18 pages.
  • Moy, “1 Moy's Walker on Patents § 3:59 (4th ed.)”, Thomson Reuters, updated Dec. 2012, 4 pages.
  • Irah H. Donner, “Patent Prosecution (2d ed. 1999)” The Bureau of National Affairs, Inc., second printing 2002, 4 pages.
  • “Methods and Compositions for Increasing the Anaerobic Working Capacity in Tissues,” first page of Specification indicating Related Applications, filed Aug. 29, 2008, 1 page.
  • Terminal Disclaimers To Obviate a Double Patenting Rejection Over a “Prior” Patent, U.S. Appl. No. 13/215,073, Sep. 7, 2011, 6 pages.
  • Terminal Disclaimers To Obviate a Double Patenting Rejection Over a “Prior” Patent and Statements under 37 CFR 3.73(b), U.S. Appl. No. 12/806,356, Jun. 16, 2011, 6 pages.
  • Gardner et al., “Intestinal Absorption of the Intact Peptide Carnosine in Man, and Comparison with Intestinal Permeability to Lactulose,” J. of Physiology, 439: 411-422 (1991).
  • Hama et al., “Intestinal Absorption Of β-Alanine, Anserine and Carnosine In Rats,” J. Nutr. Sci. Vitaminol, 22: 147-157 (1976).
  • Harris et al., “Absorption of creatine supplied as a drink, in meat or in solid form,” J Sports Science 20:147-151 (2002).
  • Harris et al., “Beta-alanine Supplementation for 10 weeks significantly increased muscle carnosine levels,” IUPS 2005 Meeting Abstract 566.8 from p. A969, Experimental Biology, San Diego, Apr. 2005.
  • Harris et al., “Carnosine & Taurine contents in individual fibers in human vastus lateralis muscles,” J Sports Sci 16: 639-643 (1998).
  • Harris et al., “Changes in plasma β-alanine concentration following administration of free or peptide bound forms,” Experimental Biology Conference Abstract 177.6 (2003).
  • Harris et al., “Effect of 14 and 28 days β-alanine (Carnosyn™) supplementation on isometric endurance of the knee extensors,” 3rd Annual International Society of Sports Nutrition Conference, Las Vegas, Jun. 2006.
  • Harris et al., “Effect of Combined β-alanine and creatine monohydrate supplementation on exercise performance,” Medicine & Science in Sports & Exercise, Journal of the American College of Sports Medicine Conference, San Francisco, 35(5) Supplement 1:s218, May 2003.
  • Harris et al., “Effect of 14 days of beta-alanine supplementation on isometric endurance of the knee extensors,” Medicine and Science in Sports and Exercise 38(5) Supplement, pp. S125-S126, Jun. 2006, [online], [retreived on Aug. 5, 2008}. Retrieved from the internet <URL: http://ovidsp.tx.ovid.com/spb/ovidweb.cgi>. . . .
  • Harris et al., “Elevation of carnosine in muscle of normal subjects by supplementation with β-alanine in free or peptide bound form,” The FASEB Journal, Experimental Biology Conference, San Diego, LB140, Apr. 2003.
  • Harris et al., “Muscle buffering capacity and dipeptide content in the thoroughbread horse, greyhound dog and man,” Comp. Biochem. Physiol. 97A(2):249-251 (1990).
  • Harris et al., “The absorption of orally supplied beta-alanine and its effect on muscle carnosine synthesis in human vastus lateralis,” Amino Acids 30:279-289 (2006).
  • Harris et al., “The carnosine content of V lateralis in vegetarians and omnivores,” FASEB Journal 21(6):A943, Experimental Biology, Washington D.C., Apr. 2007.
  • Harris et al., “The distribution of carnosine and taurine in different muscle fibre types from human v lateralis and the effects of beta-alanine supplementation,” 9th International Congress on Amino Acids & Proteins, Vienna, Aug. 2005.
  • Harris et al., “The distribution of carnosine in different muscle fibre types with beta-alanine supplementation,” IUPS 2005 Meeting Abstract 665.36 from p. A1125, Experimental Biology, San Diego, Apr. 2005.
  • Harris et al., “The effect of a supplement containing β-alanine on muscle carnosine synthesis and exercise capacity, during 12 wk combined endurance and weight training,” 3rd Annual International Society of Sports Nutrition Conference, Las Vegas, Jun. 2006.
  • Harris et al., “The effect of a supplement containing β-alanine on muscle carnosine synthesis and exercise capacity, during 12 wk combined endurance and weight training.” J. Inter. Soc. Sports Nutr. 3(1):S9 (2006).
  • Harris et al.,“The effect of a β-alanine supplement on the muscle carnosine content during training,” Experimental Biology, San Francisco, Abstract 483.35, Apr. 2006.
  • Harris et al., “The effect of physical training on the carnosine content of V lateralis using a one-leg training model,” Medicine and Science in Sports and Exercise 39(5) Supplement, pp. S91, Jun. 2006.
  • Harris et al., “The effect of very high interval training on the carnosine content and buffering capacity of V lateralis from humans,” Experimental Biology, Washington D.C., Meeting Abstract 769.19 from p. A944, Apr. 2007.
  • Harris et al., “The effect of whole body physical training on the carnosine content of V lateralis,” Experimental Biology, Washington D.C., Apr. 2007.
  • Harris et al., “The influence of β-alanine supplementation and training on the muscle carnosine content in human v lateralis; , and the effect of this on exercise performance,” 9th International Congress on Amino Acids & Proteins, Vienna, pp. 12-13, Aug. 2005.
  • Harris et al., “The plasma concentration-time profile of beta-alanine using a controlled-release formulation (Carnosyn®),” Meeting Abstract, The FASEB Journal 22:701.9 (2008).
  • Harris, R., “Multiple roles of carnosine in muscle, fact or fiction,” FASEB Presentation, 2008, 42 pages.
  • Hill et al., “Influence of β-alanine supplementation on skeletal muscle carnosine concentrations and high intensity cycling capacity,” Amino Acids 32:225-233 (2007).
  • Hill et al., “The effect of combined Beta-Alanine and Creatine Monohydrate Supplementation on Muscle Composition and Exercise Performance,” Medicine & Science in Sports and Exercise, 2005: 37(5) Supplement, S348, [online], [retrieved on Aug. 5, 2008}. Retrieved from the internet <URL: http://ovidsp.tx.ovid.com/spb/ovidweb.cgi>.
  • Huszti et al., “Effects of l-histidine administration on the concentrations of histindine in various tissues,” Agents Actions 4(3):183 (1974).
  • Jeukendrup, “SSE #106 Carbohydraate Supplementation During Exercise: Does It Help? How Much is Too Much?” Sports Science Library, Gatorade Sports Science Institute (2008).
  • Johnson, “Does Beta-Alanine work?” Bodybuildingweb.net Blog, 2006 [online] [Retrieved on Dec. 17, 2009] Retrieved from the internet <URL: http://www.bodybuildingweb.net/blog/does-beta-alanine-work/> [8 pages].
  • Jones et al., “Comparison of the carnosine content of V Lateralis of vegetarians and omnivores,” FASEB Journal 21(6):A944, Experimental Biology, Washington D.C., Apr. 2007. Presented at British Association of Sport and Exercise Science, Student Conference, University of Chichester, Apr. 2007.
  • Jones et al., “σ-Phthaldialdehyde precolumn derivatization and reversed-phase high-performance liquid chromatography of polypeptide hydrolysates and physiological fluids,” J. Chromatogr. 266:471-482 (1983).
  • “Kegg Pathway: beta-Alanine metabolism” Kanehisa Laboratories, [online], 2012, [retrieved on Oct. 30, 2013]. Retrieved from the Internet: < URL: http://www.genome.jp/kegg-bin/showpathway?ec00410>. 1 page.
  • Kendrick et al., “The effect of β-alanine (Carnosyn™) supplementation on muscle carnosine synthesis during 4 weeks using a one-leg training model,” 3rd Annual International Society of Sports Nutrition Conference, Las Vegas, Jun. 2006.
  • Kendrick et al., “The effect of β-alanine (Carnosyn™) supplementation on muscle carnosine synthesis during a 10 week program of strength training,” 3rd Annual International Society of Sports Nutrition Conference, Las Vegas, Jun. 2006.
  • Kendrick et al., “The effects of 10 weeks of resistance training combined with beta-alanine supplementation on while body strength, force production, muscular endurance and body composition,” Amino Acids, 34:547-554 (2008).
  • Kim et al., “Effect on muscle fibre morphology and carnosine content after 12 days training of Korean speed skaters,” Medicine & Science in Sports and Exercise, 37(5) Supplement, S192, Jun. 2005.
  • Kvalnes-Krick et al., “Cloning, Sequencing, and Expression of cDNA Encoding β-Alanine Synthase from Rat Liver,” J. of Bio. Chem., 268(8), pp. 5686-5693 (1993).
  • Li et al., “Bioactivities of Chicken Essence,” J. of Food Science, 77: R105-R110 (2012).
  • Mannion et al., “Carnosine and anserine concentrations in the quadriceps femoris muscle of healthy humans,” Eur. J. Appl. Physiol. Occup. Physiol. 64:47-50 (1992).
  • Manolagas, Stavros, “Birth and Death of Bone Cells: Basic Regulatory Mechanisms and Implications for the Pathogenesis and Treatment of Osteoporosis,” Endocrine Reviews, 2000: 21(2), pp. 115-137.
  • Marlin et al., “Carnosine content of the middle gluteal muscle in thoroughbred horses with relation to age, sex and training,” Comp. Biochem. Physiol. A. 93:629-632 (1989).
  • Nutzenadel et al., “Uptake and metabolism of beta-alanine and L-carnosine by rat tissues in vitro: role in nutrition,” Am J Physiol. 230(3):643-651 (1976).
  • Office Action, issued Apr. 27, 2010, in connection with Japanese Patent Application No. 2006509880.
  • Order Construing the Terms of U.S. Pat. Nos. 5,965,596; 6,172,098; and 6,426,361, dated May 31, 2011.
  • “Plaintiff Natural Alternatives International, Inc.'s Memorandum in Support Of The Position That Patent Applications Can Have Multiple Effective Filing Dates And In Support Of Its Claim To Priority,” Mar. 8, 2013; 27 pages.
  • Plaintiff Natural Alternatives International, Inc.'s Statement Regarding Inventor's Research and the Declaration of Roger C. Harris, Ph.D., Mar. 8, 2013, 5 pages.
  • Rawn, David. Biochemistry. New York: Harper & Row Publishers, 1983. Print. pp. 862-863.
  • Reaction rate tends to increase with concentration—phenomenon explained by collision theory, Chemical kinetics, Wikipedia.org. <URL: en.wikipedia.org/wiki/Chimicalkinetics> [retrieved from the internet May 23, 2012].
  • Roger Harris, “Declaration of Dr. Roger Charles Harris,” Mar. 8, 2013, pp. 1-11.
  • Sewell et al., “Estimation of the carnosine content of different fibre types in the middle gluteal muscle of the thoroughbred horse,” J. Physiol., 455:447-453 (1992).
  • Skulachev, “Carnosine and anserine as specialized pH Buffers H+—Translocators,” Biokhimiya [article in Russian, translation by Morningside Translations dated 2009 submitted], 1992: 57(9), pp. 1311-1316.
  • Smith, “The buffering of muscle in rigor: protein, phosphate and carnosine,” J Physiol 92(3):336-343 (1938).
  • Stout et al., “Effects of β-alanine supplementation on the onset of neuromuscular fatigue and ventilatory threshold in women,” Amino Acids 32:381-386 (2007).
  • Stout et al., The effect of beta-alanine supplementation on neuromuscular fatigue in elderly (55-92 Years): a double-blind randomized study, J Int Soc Sorts Nutr. 5:21 (2008).
  • Supplemental European Search Report, issued Apr. 21, 2010 in connection with European Patent Application Serial No. 04749952.0.
  • Suzuki et al., “High level of skeletal muscle carnosine contributes to the latter half of exercise performance during 30-s maximal cycle ergometer sprinting,” Jpn J Physiol 52:199-205 (2002).
  • Tallon et al., “Acute changes in plasma carnosine, creatine and markers of purine degradation following exercise,” Experimental Biology, Washington D.C., Abstract 1b544, Apr. 2007.
  • Tallon et al., “Carnosine, taurine and enzyme activities of human skeletal muscle fibres from elderly subjects with osteoarthritis and young moderately active subjects,” Biogerontology 8:129-137 (2007).
  • Tallon et al., “Single muscle fibre analysis of carnosine and associated metabolites in Korean breath hold divers (AMA),” Experimental Biology, Washington D.C., Abstract 1b538, Apr. 2007.
  • Tallon et al., “The carnosine content of vastus lateralis is elevated in resistance-trained bodybuilders,” J. Strength Cond. Res. 19:725-729 (2005).
  • Tallon, “Research Summaries on β-Alanine/Histidine Supplementation and its Role in Hydrogen-Binding, pH-Controlling, and Carnosine Storage in Skeletal Muscle,” iSatori Technologies, Product No. 17805, 8 pages (2005).
  • Tamaki et al., “Biosynthesis and degradation of carsonine and turnover rate of its constituent amino acid in rats,” J. Nurt. Sci. Vitaminol. 26:127-139 (1980).
  • Wu et al., “Proximate Composition, Free Amino Acids and Peptides Contents in Commercial Chicken and Other Meat Essences,” J. of Food and Drug Analysis, 10(3): 170-177 (2002).
  • Examination Report, issued Feb. 12, 2008, in connection with Japanese Patent Application No. 10-509546.
  • In the U.S. Patent and Trademark Office, Request for rehearing to Patent Board in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. 8,067,381), dated Aug. 13, 2015, 8 pages.
  • In the U.S. Patent and Trademark Office, Patent Board Decision—Examiner Affirmed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jul. 17, 2015, 33 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Dismissed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 21, 2015, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Letter Acknowledging That an Improper Paper in a Reexam Proceeding Has Been Returned/Destroyed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 19, 2015, 11 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Letter Acknowledging That an Improper Paper in a Reexam Proceeding Has Been Returned/Destroyed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 7, 2015, 8 pages.
  • In the U.S. Patent and Trademark Office, Miscellaneous Action with SSP in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 1, 2015, 51 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 14, 2015, 5 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 10, 2015, 5 pages.
  • In the U.S. Patent and Trademark Office, Petition Entered in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 7, 2015, 8 pages.
  • In the U.S. Patent and Trademark Office, Petition under Rule 41.3 to Chief Admin Patent Judge in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 7, 2015, 7 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Letter Acknowledging That an Improper Paper in a Reexam Proceeding Has Been Returned/Destroyed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 3, 2015, 24 pages.
  • In the U.S. Patent and Trademark Office, Hearing Postponement Denied in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 31, 2015, 5 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Miscellaneous Action in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 31, 2015, 5 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Miscellaneous Action in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 30, 2015, 4 pages.
  • In the U.S. Patent and Trademark Office, Confirmation of Hearing by Appellant in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Feb. 2, 2015, 3 pages.
  • In the U.S. Patent and Trademark Office, Appeal to CAFC in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Feb. 2, 2015, 2 pages.
  • In the U.S. Patent and Trademark Office, Confirmation of Hearing by Appellant in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jan. 29, 2015, 3 pages.
  • In the U.S. Patent and Trademark Office, Notification of Appeal Hearing in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jan. 13, 2015, 4 pages.
  • In the U.S. Patent and Trademark Office, Appeal Docketing Notice in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Oct. 9, 2014, 3 pages.
  • In the U.S. Patent and Trademark Office, Appeal Docketing Notice in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Oct. 9, 2014, 5 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Miscellaneous Action in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Sep. 30, 2014, 3 pages.
  • In the U.S. Patent and Trademark Office, Oral Hearing Request—Owner in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Sep. 30, 2014, 2 pages.
  • In the U.S. Patent and Trademark Office, Rebuttal Brief—Owner and Claims in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Sep. 2, 2014, 17 pages.
  • In the U.S. Patent and Trademark Office, Examiner's Answer to Appeal Brief in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jul. 31, 2014, 3 pages.
  • In the U.S. Patent and Trademark Office, Respondent Brief—Requester in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jun. 13, 2014, 26 pages.
  • In the U.S. Patent and Trademark Office, Appeal Brief—Owner in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 14, 2014, 363 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Letter Acknowledging That an Improper Paper in a Reexam Proceeding Has Been Returned/Destroyed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated May 5, 2014, 4 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Dismissed in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Apr. 30, 2014, 8 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 6, 2014, 3 pages.
  • In the U.S. Patent and Trademark Office, Reexam Petition Decision—Granted-in-Part in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 6, 2014, 4 pages.
  • In the U.S. Patent and Trademark Office, Petition decided by Patent Legal Administration in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Mar. 4, 2014, 4 pages.
  • In the U.S. Patent and Trademark Office, Reexam—Opposition filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jan. 7, 2014, 8 pages.
  • In the U.S. Patent and Trademark Office, Notice of Appeal Filed in response to petition in re: U.S. Appl. No. 95/002,001 (Re-Examination of U.S. Pat. No. 8,067,381), dated Jan. 6, 2014, 1 page.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Notice of concurrent proceedings/decisions in re: Reexam Application No. 95/002,048, dated Jul. 29, 2015, 37 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam—Opposition filed in response to petition in re: Reexam Application No. 95/002,048, dated May 8, 2015, 5 pages.
  • In the U.S. Patent and Trademark Office, Improper Paper in a Reexam Proceeding Has Been Returned/Destroyed in re: U.S. Appl. No. 95/002,048 (Re-Examination of U.S. Pat. No. 8,129,422), dated May 7, 2015, 8 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam—Opposition filed in response to petition in re: Reexam Application No. 95/002,048, dated Apr. 24, 2015, 5 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam—Opposition filed in response to petition in re: Reexam Application No. 95/002,048, dated Apr. 21, 2015, 8 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Receipt of Petition in a Reexam in re: Reexam Application No. 95/002,048, dated Apr. 9, 2015, 6 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Receipt of Petition in a Reexam in re: Reexam Application No. 95/002,048, dated Apr. 2, 2015, 2 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Request for Oral Hearing in re: Reexam Application No. 95/002,048, dated Mar. 27, 2015, 2 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Rebuttal Brief—Owner in re: Reexam Application No. 95/002,048, dated Mar. 27, 2015, 14 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam Petition Decision—Dismissed in re: Reexam Application No. 95/002,048, dated Mar. 12, 2015, 10 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Examiner's Answer to Appeal Brief in re: Reexam Application No. 95/002,048, dated Feb. 27, 2015, 4 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Appeal Brief—Owner in re: Reexam Application No. 95/002,048, Feb. 27, 2015, 46 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Respondent Brief—Requester in re: Reexam Application No. 95/002,048, Feb. 5, 2015, 22 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Notice—Defective Brief in Reexam in re: Reexam Application No. 95/002,048, Jan. 30, 2015, 7 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Appeal Brief—Owner in re: Reexam Application No. 95/002,048, Jan. 6, 2015, 45 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam Petition Decision—Denied in re: Reexam Application No. 95/002,048, Jan. 6, 2015, 9 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam—Opposition filed in response to petition in re: Reexam Application No. 95/002,048, Nov. 19, 2014, 9 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam Petition Decision—Granted-in-Part in re: Reexam Application No. 95/002,048, Nov. 6, 4 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Receipt of Petition in Reexam in re: Reexam Application No. 95/002,048, Nov. 4, 2014, 5 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Receipt of Petition in Reexam in re: Reexam Application No. 95/002,048, Nov. 4, 2014, 26 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Receipt of Petition in Reexam in re: Reexam Application No. 95/002,048, Nov. 4, 2014, 24 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Notice of Appeal Filed in re: Reexam Application No. 95/002,048, Sep. 8, 2014, 1 page.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Right of Appeal Notice in re: Reexam Application No. 95/002,048, Aug. 8, 2014, 70 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Reexam Petition Decision—Dismissed in re: Reexam Application No. 95/002,048, dated Dec. 31, 2013, 8 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Third Party Requester Comments after Action Closing Prosecution in re: Reexam Application No. 95/002,048, dated Nov. 25, 2013, 25 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Oct. 30, 2013, 19 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Oct. 30, 2013, 20 pages.
  • In the U.S. Patent and Trademark Office, Inter Partes Reexamination, for U.S. Pat. No. 8,129,422, Affidavit submitted prior to Mar. 15, 2013 in re: Reexam Application No. 95/002,048, dated Sep. 27, 2013, 21 pages.
  • In the U.S. Patent and Trademark Office, Office Action in re: U.S. Appl. No. 14/189,198, dated Dec. 12, 2014, 14 pages.
  • In the U.S. Patent and Trademark Office, Final Office Action in re: U.S. Appl. No. 13/900,244, dated Jun. 6, 2014, 5 pages.
  • In the U.S. Patent and Trademark Office, Notice of Allowance in re: U.S. Appl. No. 13/900,244, dated Nov. 24, 2014, 8 pages.
Patent History
Patent number: RE45947
Type: Grant
Filed: Feb 25, 2014
Date of Patent: Mar 29, 2016
Assignee: Natural Alternatives International, Inc. (San Marcos, CA)
Inventors: Roger Harris (New Market), Mark Dunnett (Tuddenham)
Primary Examiner: Bruce Campell
Application Number: 14/189,198
Classifications
Current U.S. Class: Cosmetic, Antiperspirant, Dentifrice (424/401)
International Classification: A23K 1/16 (20060101); A23L 1/305 (20060101); A61K 35/16 (20150101); A61K 38/05 (20060101); A61K 38/01 (20060101); A61K 31/198 (20060101); A61K 31/195 (20060101); A61K 31/185 (20060101); A61K 31/197 (20060101); A61K 31/415 (20060101);